iBuildPower Terms & Conditions

The Terms & Conditions page describes the rules and guidelines for using our website and services. It outlines the legal rights and responsibilities of the user and the owner of the website.
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Last updated:  July 09, 2024

We wish you a happy and successful shopping!


iBuild Power Solutions Team

I. Important Definitions Used In This Document

II. General Provisions

3.1. Ordering Goods And Services

3.2. Supplying Goods And Services

3.3. The Use Of Our Website/Service, Violations And Methods Of The Legal Protection

3.4. Deals Cancelation By The Service Operator

3.5. Deals Cancelation By The Buyer

3.6. Deals That Cannot Be Canceled

3.7. Special Terms Relevant To Business Clients

4.1. Overview

4.2. Cancellation Of Deals And Return Of Goods

4.3. Refund To The Buyer After The Deal Cancellation

4.4. The Exchange Of Goods

4.5. How And Where To Send Your Requests

5.1. Disclaimer Of Warranties And Limitations Of Liability

5.2. Errors, Inaccuracies And Omissions

5.3. Prohibited Uses

5.4. Indemnification

5.5. Severability

5.6. Term And Termination

6.1. Privacy Policy

6.2. Personal Information

6.3. User Comments, Feedback And Other Submissions

7.1. Electronic Communications, Transactions And Signatures

7.2. SMS Text Messaging

7.3. Optional Tools

7.4. Third-Party Links And Advertisements

8.1. Entire Agreement

8.2. Governing Law

8.3. International Dispute Resolution

8.4. Intellectual Property Rights

8.5. Copyright Infringements

8.6. Availability Of Products And Services

8.7. Order Limitations, Accuracy Of Billing And Account Information

8.8. Modifications And Interruptions In The Service And Prices

8.9. Changes To Terms Of Service

IX.  Contact Information

I. Important Definitions Used In This Document

iBuild Power Solutions

Hereinafter referred to as: “we”, “us”, “our”, “ours”, “Service Operator”

 

An officially registered individual entrepreneur in Israel ("Osek Murshe" with the VAT number 323776583), the owner and the operator of an online store at the following address: "www.ibuildpower.net".

For the ease of reference and understanding in the text of the document we will designate everyone and everything related to the party providing The Service (see below for the definition of the Website and The Service) as: “we”, “us”, “our”, “ours”, “Service Operator”

Website

Hereinafter referred to in the text as “Service”, "Website".

This is an online store at the following address: "www.ibuildpower.net".

 

For convenience of designation in the text and for ease of understanding, we combine together two terms: the Website (as an online store) and the Client Service (as the whole complex of services and the service process, organized and provided by us for you) into one term, which is hereinafter referred to as the "Service".

 

At the same time, in those cases when it comes to the pages and texts of our website, we will use the term "Website"

Client, Buyer

Hereinafter referred to as: "client", "buyer" "you", "your", "yours" or "yourself".

 

Any person or organization who transacts with us and uses our Service. For the ease of reference in the text of this document and for simplicity of understanding, we refer to everyone and everything that relates to the party using the Service and receiving our services (see further in this table for definitions of the Website and the Service) as to: "client", "buyer" "you", "your", "yours" or "yourself".

 

User

Any person or organization who visits our Website (hereinafter: "Service" as defined above) for any purpose is a user of the Service (Hereinafter: "User"), and is subject to all of the terms and conditions set forth in this agreement.

 

Consumer

This is a Buyer who buys goods and services from us primarily for a personal, household use, being the end user of the product, and not for resale and for trade as a part of their business, or as a part of their job function

Business-client

This is a Client or a Buyer who buys goods and services from us not for a personal consumption, but for resale, for trade, for his/her own business or as a part of his/ her job function

Goods, Product

Any computer hardware or components, software and information products sold by us to you, including packaging, manuals and any other related accessories or documents

Services

Any services related to the sale of goods and products, as well as services for assembling, testing, upgrading, updating, repairing, cleaning computers, recovering lost information and all other services provided by us to you (Hereinafter referred to as "services")

Product-ID

For each product and service on the Website (Hereinafter: "Service"), there is an individual identification number (hereinafter "Product-ID") provided for the convenience and for speeding up the searching on the Service.

Client Service

Client Service is the entire range of services and the service process organized by us for you (hereinafter referred to as the "Client Service") and provided through the Website (hereinafter: "Service"), and through the Service Center.

Service Center

This is the physical address of our service center (hereinafter: "Service Center"), which provides the operation of the Website (hereinafter: "Service"), services and the support to Users and Clients when they contact us through the Service or directly at our physical address.

The address of the Service Center is the same as specified in the "Our Address" field in this table.

Terms Of Service

These are collectively all the terms and conditions for the purchase of goods and services, for the use of the Website (hereinafter: "Service") and the Client Service, and for the process of client service set forth herein (hereinafter: "Terms of Service"), as well as any special terms and conditions agreed in writing between us and you.

Our physical address

Shivat Zion street 17/4, Rishon Le Zion, 7534152, Israel

Our phone number for calls and WhatsApp messages

+972585516965

Our e-mail address

support@ibuildpower.net

Link for client requests

and information

http://www.ibuildpower.net/

II.    General Provisions

2.1 This website (hereinafter referred to as the "Service") is operated by iBuild Power Solutions. iBuild Power Solutions offers this Service, including all information, tools and services available through this Service to you as a user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

2.2 These terms and conditions of use (" Terms of Service ") constitute a binding legal agreement that governs and automatically applies to all uses of the Service (www.ibuildpower.net) by User, Customer and Business Client and any actions they may take on or through the Service, including telephone calls and solicitations via instant messaging programs (specifically WhatsApp). 
2.3 The parties to this agreement (the "Parties") are: on the one hand, You, as all Users of the Service and Clients, including Business Clients - and on the other hand, We (iBuild Power Solutions, an officially registered entrepreneur "Osek Murshe" with the VAT number 323776583) as the Operator of the Service (the "Service Operator"). 
2.4 The Service is our official online store designed to provide simplicity, convenience and a high speed of ordering and purchasing any goods and services from us.
2.5 We are only responsible for those specifications of Products and Services listed directly on our Service and we are not responsible for specifications on other websites.
2.6 Each User of the Service (also, of course, any Client and Business Client) is obligated to read these Terms of Service carefully and in all details. You hereby expressly agree to accept all of the Terms of Service and to act in accordance with them if you begin browsing and using the Service for any purpose, ordering and purchasing via the Service any goods and services. 
Therefore, if you do not agree with any part of the Terms of Service, please do not visit or use the Service in any way.
2.7 When registering on the Service and performing actions on the Service, you may agree to receive messages and notifications from the Service Operator, including those of them which have an advertising nature.
2.8 The terms, definitions and the structure of the sections and clauses presented in these Terms of Service are intended solely for the convenience of perception and understanding.

2.9 The use of the Service is possible only with a complete consent to the strict compliance with these Terms of Service in full and without any exceptions.
2.10. The Service Operator's liability is limited to these Terms of Service and the laws applicable in Israel, and the Service Operator is not liable for the acts and omissions of third parties.
2.11. Under no circumstances do not violate intellectual, property and other rights of the Service Operator and the third parties. 
2.12. These Terms of Service apply in full and without exception to all Users of the Service, Clients and Business Clients.
2.13. The Service may only be used by adults aged 18 and over.
2.14. There is a separate page for each product and service on the Service
(hereinafter: "Product Page") with a detailed description, which contains all most important information:

1) Name of the product/service;

2) Identification number of the product/service (hereinafter referred to as "Product ID") for the ease of searching and indexing on the Service;

3) Price of the product/service;

4) Specifications of the product/service;

5) Possible variants and variations of the product: upgrades for memory, disk, adding and installing an operating system, etc.;

6) Related goods/services that are recommended to be purchased together with this particular product/service: office products, anti-virus software, etc...;

7) Warranty information;

8) Terms of delivery;

9) Methods and terms of payment;

10) Other relevant information;

2.15. These Terms of Service may be amended and supplemented at any time by the Service Operator at his discretion with the subsequent mandatory publication of a new version of the Terms of Service on the pages of the Website.

2.16. The Service Operator has the right to cancel any order/purchase of goods or services at his own discretion and without a prior consent of the Buyer.
2.17. The Privacy And Information Policy (set forth in Section VI) is an integral part of these Terms of Service, and your compliance with all terms of the Privacy And Information Policy is mandatory for any use of the Service.
 

III. Main Terms and Conditions

3.1. Ordering Goods And Services

3.1.1 When payments are made by credit/debit card, the main requirement for a successful payment of an order/purchase of goods and services through the Service is an approval of the credit/debit card issuing company for the transaction and a confirmation of this transaction by the cardholder.
3.1.2 Orders cannot be placed without providing the credit card information or any other form of payment accepted by the Service Operator.
3.1.3 When payments for an order are made by a bank transfer, a prepayment is required, and it has to be made using any payment method accepted by the Service Operator in the amount of at least 5% of the total price of the order or 500 NIS, whichever is greater.
3.1.4 To the best of the Service Operator's knowledge, all products presented on the Service and offered for purchase are in stock. Products that are not in stock are removed from the Service. It is specified that the Service Operator cannot guarantee the availability of any particular product in stock at any given time and this should not be relied upon due to a high speed of the products turnover and rapid changes in the stocks.
3.1.5 In addition to the payment itself all of the following conditions must be met for a successful completion of the deal:
1) All goods and services included in the order are displayed on the Service
on the respective Product Pages containing all the relevant information about each product and service and all of them have predetermined prices; 
2) All the requested goods are available in stock of the Service Operator or in stock of our supplier at the time when the deal is getting completed;
3) The buyer has provided all the required credit card information or another method of payment accepted by the Service Operator;
4) When the payment is made by a credit/debit card, the completion of the deal requires an approval of the transaction by the credit/debit card issuing company and
a confirmation of the transaction by the cardholder;

5) In many cases, the identity of the credit/debit cardholder is also subject to verification. If the buyer refuses or unable to provide all documents required for this verification, or for any other reason fails to verify and confirm the cardholder's identity within 24 hours of placing the order, the transaction will be canceled and the Service Operator is not obliged to notify about it.
 

3.2. Supplying Goods And Services

3.2.1 The Service Operator will ensure the delivery of the goods purchased on the Website (hereinafter referred to as the "Service") to the address in Israel specified by the Buyer and/or to the pre-agreed collection point specified in the order, in accordance with the delivery terms specified on the Product Page on the Service.
3.2.2 Order Placement Date. The first thing that the Buyer receives from the Service Operator upon a successful order placement on the Service is a confirmation of receiving the order, which determines the date on which this order was placed ("Order Placement Date"). The Service Operator will only consider the order receipt confirmation received to the Buyer's email containing all necessary details of the order (including the order number, Buyer's details and the order details).
3.2.3 Order Confirmation Date. The next important moment after a successful order placement is the order confirmation. The "Order Confirmation Date" is the date on which the confirmations are received from both parties: (a) from the Buyer's credit/debit card issuing company; (b) from the Service Operator.
3.2.4 Delivery of the goods to the User's home by a delivery service or by a postal service will be carried out in accordance with the terms and conditions of the delivery company or the Israel Post (respectively) and depending on their delivery areas.
3.2.5 Delivery and transportation in restricted access areas. In areas where the access is restricted for security reasons, as determined from time to time by the security and/or law enforcement authorities, the Service Operator and/or Supplier will be allowed to deliver orders to the Buyer at a reasonably close location as agreed with the Buyer in advance.
3.2.6 Calculation of Timeframes. Delivery times for the products/services presented on the Product Pages include only business days (Sunday through Thursday, excluding Friday, Saturday, holiday eves and holidays) from the date of the order confirmation.
3.2.7 Self-collection. Users may pick up their products directly at the Service Operator's office located at Shivat Tzion, 17/4 Shivat Tzion, Rishon Le Tzion. If you have any questions about the possibility of picking up a particular product, or about the place and time of delivery, you should contact the Service Operator's support team for more information.
3.2.8 The ordered products will be delivered within 14 business days from the Order Confirmation Date. 
3.2.9 Identity verification or additional Information. The Service Operator and/or any party acting on his behalf may at any time request for any additional information or certificates (e.g. ID card) concerning the Buyer and/or the holder of the credit/debit card used for the order, including for the purpose of identifying the credit/debit card holder. It is required for the delivery of the goods that the recipient of the delivered order signs the delivery note.
3.2.10. Delays in the order delivery. The Service Operator shall not be liable to the Buyer for delays not exceeding 7 working days from the moment of a notification of the Buyer about the delay in delivery. The Buyer will notify the Service Operator of any delays within a reasonable time, but in any case not later than 72 hours after the expiration of the delivery period specified on the Product Page ("Order Delivery Deadline").
3.2.11. The Buyer will be considered to have received his Order if he fails to notify the Service Operator of any delay in receiving the Order within the reasonable time after the expiry of the Order Delivery Deadline. In this case, the Buyer loses the right to make any claims and/or demands that he/she may have against the Service Operator arising from the non-delivery and/or late delivery of the Order.
 

3.3. The Use Of Our Website/Service, Violations And Methods Of The Legal Protection

3.3.1 The Service Operator will have the right, but not an obligation, to enforce the compliance with the Terms of Service and all instructions for the use of the Service and to act in any case where there are reasonable grounds to suspect their violation by a user or any third party. 
3.3.2 In case of posting an offensive content, infringing the third party rights or other invalid content, the Service Operator will follow a "notify and remove" procedure and will remove the offensive content within a reasonable period of time from the date of the notification.
3.3.3 Do not copy the content of the Service. Without a limitation, without derogating provisions of any law, the content of the Service must not be copied, reproduced, distributed, published or otherwise used unless the Service Operator has given his prior written consent.
3.3.4 Do not violate the rights of third parties. It is strictly prohibited to copy and/or publish images, and/or trademarks, and/or specifications, and/or videos from and/or on the Service without the prior written consent of the Service Operator or the relevant rightholder. The Service Operator may, at his own discretion, exercise the "notify and remove" procedures in the event of any suspected infringement of third party rights, including intellectual property rights, copyrights, trademarks and any other rights. Each party will be held responsible for its actions and omissions, including all the related to the content it publishes. The Service Operator is not liable for any third party infringements.

3.3.5 The exhaustion of rights of the responsible party. In case of infringements or any damages allegedly caused by third parties or the User, the Service Operator will have the right to transfer to the injured party all the data of the party allegedly responsible for the infringement and/or the publication infringing the copyright (hereinafter: "responsible party") at his own discretion, and no claims will be brought against him by the responsible party, including in connection with the provision of its claimed data, as well as by the allegedly injured party. The allegedly injured party will not initiate legal proceedings in the cases mentioned above against the Service Operator, at least until the legal proceedings against the allegedly responsible party have been completed.
3.3.6 The conduct Instructions. Without derogating from any other instructions and provisions, the following instructions will apply to each User as well as to each product on the Service:

1) The User is obliged to fill in and to present only the accurate and correct data in good faith. Without detracting from the general scope of the above statements, let us clarify that providing a false information is a criminal offense;

2) The Service Operator may edit and/or correct, and/or add, and/or delete, and/or omit and/or withhold from displaying any element of the content or any part thereof, without any obligation to notify about it in advance or retrospectively. 
3.3.7 The content presented on the Service or the visual representation of the data uploaded to the Service should not be regarded as an expression of opinion and/or recommendation and/or encouragement on behalf of the Service Operator in relation to the products and/or services presented on the Service and should not be considered as a basis for a purchase decision.
3.3.8 The Service Operator shall have the right, but not the obligation, to take all legal actions available to him against a user who violates the provisions of any law and/or the provisions of these Terms of Service. In the event of such violation, the Service Operator has the right to immediately remove such user and/or content and/or product from the Service and/or transfer the user's information to any legal authority and/or any other person and/or take any actions and other steps necessary, depending on the circumstances, at his own discretion, and this is entirely the responsibility of the Service Operator.
3.3.9 The Service Operator may cancel any order and/or prohibit the User from placing an order through the Service by blocking it, including any of the following cases, which do not constitute an exhaustive list:
1) The User placing the order has committed an unlawful act and (or) violated the provisions of the law;

2) A violation by an employee of the Service Operator has been revealed;

3) The User has provided knowingly false information during registration and (or) subsequently in writing or by phone;

4) The User has committed an act or omission that harms the Service Operator and/or any person acting on his behalf, and/or the proper operation of the Service and/or any of the suppliers and/or any third party and/or other party;
5) There is an unusual and obvious error in the description of the goods, or in the price of the goods, or in specifications of the goods.
3.3.10. The notification of the order cancellation may be sent to the Buyer by phone and/or in writing to the e-mail address specified by the user when placing the order.
 

3.4. Deals Cancelation By The Service Operator

3.4.1 We will highlight here the main possible reasons and factors that may cause the Service Operator to cancel the deal:
3.4.1.1 Problems on the side of suppliers and manufacturers. If for reasons beyond the reasonable control of the Service Operator, including but not limited to the inability of manufacturers or suppliers of goods to deliver the required goods in a timely manner, or in the event of a sudden change in the buying costs of goods, which makes it impossible to deliver the goods and/or to provide the service to the Buyer, then the Service Operator shall have the right to cancel the deal at any time prior to delivery of the goods and/or the provision of the service notifying the Buyer about it. 
3.4.1.2 Errors on the Service or errors in providing the information to the Buyer, including, but not limited to, errors in prices, characteristics, descriptions of goods or services, as well as other errors resulting in non-compliance of the declared characteristics, descriptions and prices of goods and services with their actual characteristics, descriptions and prices. In case of detection of such an error or a series of errors, the Service Operator has the right to cancel the deal at any time prior to the delivery of goods and/or services, notifying the Buyer about it.
3.4.1.3 Violations, abuses or careless actions on the side of the Service Operator's employees, misleading the Buyers or leading to errors in the completion of deals and in the payments processing. If such cases are detected, the Service Operator has the right to cancel the deal at any time prior to the delivery of goods and/or provision of services, notifying the Buyer accordingly.
3.4.1.4 Violations on the Buyer's side. If there are actions, statements or any behavior of an offensive, disrespectful nature on the Buyer's side, violating the rights, insulting or humiliating the dignity of the Service Operator and/or of the third parties, then the Service Operator has the right to cancel the deal at any time prior to the delivery of goods and/or to provision of services, notifying the Buyer about this.
3.4.1.5 In all of the above cases, the Service Operator will promptly reimburse the Buyer for any amounts paid by or on behalf of the Buyer pursuant to or related to the deal. We shall not be liable for any other loss or damage resulting from any such cancellation.
 

3.5.  Deals Cancelation By The Buyer

3.5.1 Buyers who fall within the definition of "Consumer" as defined in the Consumer Protection Law 1981 (hereinafter referred to as the "Consumer Protection Law") and in accordance with the Consumer Protection (Cancellation of Transactions) Regulations 2010, may cancel their orders and/or consumer deals in accordance with the terms and conditions specified in the Consumer Protection Law and in accordance with the Consumer Protection (Cancellation of Transactions) Regulations 2010.
3.5.2 For the purposes of convenience, the Consumer Protection Law defines consumers as follows:  a "Consumer" means an individual who purchases goods or receives services from a seller in the normal course of his/her activities primarily for personal, family or household purposes; 
3.5.3 To avoid any doubt, it's clearified that Business Customers are not "consumers" according to the Consumer Protection Law and the provisions of the Clause 33 of this law do not apply to them. Please see the terms and conditions applicable to them and the procedure for canceling their deals in section 3.7. "Special Terms and Conditions Applicable to Business Clients".
3.5.4 Consumer notification regarding the deal cancellation. Exclusively for your convenience, below you find the terms and conditions for canceling an order during a distant sale deal. To avoid any doubt, it is hereby clarified that the applicable terms and conditions are those detailed in the Consumer Protection Law and the relevant regulations as updated from time to time: 
3.5.5 In case of purchase of goods/products, up to fourteen days from the date of receipt of goods/products by the consumer;
3.5.6 In case of purchase of services - ten days from the date of placing the order or from the date of receipt of the document summarizing the details and terms of the deal as specified in paragraph "b" of the Clause 14c of the Consumer Protection Law, whichever is later. 
3.5.7 Consumers who are elderly, recently immigrated or have a disability as defined in the Equal Rights for Persons with Disabilities Law 1998, may cancel their orders within four months from the date of receipt of the product or from the date of receipt of the document summarizing the details and terms of the deal and containing the information defined in Clause 14c(b) of the Consumer Protection Law, according to the latest version of this law, and on condition that there was a conversation between the Service Operator and the Consumer at the time of closing the deal, including electronic communicatioins.
3.5.8 Pursuant to the Consumer Protection Law, the Service Operator is entitled to charge a cancellation fee of 5% of the price of the product you purchased or 100 NIS, whichever is less, for orders that are canceled for reasons not related to defects or non-compliance.
3.5.9 Notice of Order Cancellation. You can cancel an order only by writing to the Service Operator, by sending an e-mail to "support@ibuildpower.net" or by using the "Cancel Deal" link located at the bottom on the pages of the Website.
3.5.10. A more detailed explanation of the cancellation policy can be found in Section IV "Cancellation and Refunds Policy". 
3.5.11. The refund for the payments received from the Buyer. Refunds will be made to the Buyer within 14 days from the date of receipt of the above cancellation notice, and using the same method by which the relevant payment was made.
 

3.6. Deals That Cannot Be Canceled

3.6.1.     For certain purchased goods, you will not be able to cancel your order, including goods falling within the definitions stated in Section 14c(d) of the Consumer Protection Law: 
3.6.1.1.       Lost goods; 
3.6.1.2.     “Information” as defined in Computer Law 555-1995; 
3.6.1.3.  Products produced specifically for the Consumer after purchase; 
3.6.1.4.  A product that can be recorded, copied or reproduced and the original packaging of which has been opened by the Consumer.
 

3.7. Special Terms Relevant To Business Clients

      The deadlines for submitting notifications for deals cancellation by Business Clients or commercial customers are: When purchasing a product/goods - up to fourteen (14) days from the date of the receipt of this product/goods by the Business Client, provided that the goods have not been opened or used.

 

IV. Cancellation And Return Policy

4.1.    Overview

       This section explains and supplements everything stated in the section 3.5. “Deals Cancelation By The Buyer”.

      Below we will describe in detail the conditions and our policy for cancellation and return of goods via the Service of "iBuild Power Solutions" (hereinafter: "Service Operator"), which is an officially registered individual entrepreneur in Israel ("Osek Murshe" with the VAT number 323776583), the owner and the operator of the electronic store at the following address www.ibuildpower.net (the "Service").

      These terms and conditions, as amended from time to time and published on the Service, apply to all Buyers of goods and services through the Service who fall within the definition of a "Consumer" as specified in the Consumer Protection Law 1981 (hereinafter referred to as the "Consumer Protection Law").

      Further in the text everything stated concerning Buyers is related to those of them who are Consumers.

     For other categories of customers, namely Business clients and Commercial customers, there are some differences in regulation as described in Section 3.7 "Special Terms Relevant To Business Clients".
 

4.2. Cancellation Of Deals And Return Of Goods

4.2.1. The User who purchased a product through the Service (hereinafter: the “Buyer”) is obliged to check the purchased product immediately after receiving it.
4.2.2. Cancellation of a deal or transaction:
4.2.2.1. The Buyer will have the right to cancel the deal and return the purchased goods within 14 days from the date of purchase of the goods or from the date of receiving the goods for him, whichever is later, in accordance with the provisions of the Consumer Protection Law 1981 (the "Consumer Protection Law" ) and the provisions of this policy, subject to the following:
4.2.2.2. The product has not been damaged or used;
4.2.2.3. The product is packed in the original packaging;
4.2.2.4. The Buyer has attached an invoice for the purchase confirming the actual completion of the deal with the Service Operator, or, if the Buyer states that the invoice is not in his possession, he has the right to present any other evidence which meets the requirements of the Service Operator confirming the actual completion of the deal, dates, amounts paid for the deal and the means of payment;
4.2.3. Notwithstanding the above, people with disabilities, retirees and new repatriates have the right to cancel a deal within 4 months from the deal date, or the date of receiving the product or from the date of the document summarizing the details and terms of the deal, whichever is later, and provided that during conclusion of the deal there was a conversation between the Service Operator and the Buyer, including electronic communications.
4.2.4. The Buyer who wishes to exercise his right to cancel a deal is obliged to notify the Service Operator about such cancellation of the goods purchasing deal (hereinafter: “Cancellation notice” as described in clause 4.2. Cancellation Of Deals And Return Of Goods) and to provide the following information: the Buyer's full name, the identification card, the name of the product, the date of purchase, all necessary contact information for contacting the Buyer, as well as the document specified in paragraph "4.2.2.4." above.
4.2.5. The Buyer will provide the Cancellation notice in writing or orally by contacting the Service Operator via the contact details provided in clause 4.5 “How and where to send your requests” below.

 

4.3.  Refund To The Buyer After The Deal Cancellation

4.3.1. In case If the deal is canceled by the Buyer for reasons not related to a significant breach of the Terms of Service by the Service Operator (as specified in the paragraph 4.3.2 below), the refund will be made with a deduction of the amounts specified in the paragraph 4.3.3.

4.3.2. In case if the deal is cancelled due to a defect in the goods, non-compliance of the goods with the declared characteristics or errors in the information provided to the Buyer about the goods, inability to deliver the goods within the specified period of time or any other significant breach of the Terms of Service by the Service Operator in relation to the goods and their delivery (hereinafter: “non-conformity” ), the Service Operator will refund the Buyer in full within 14 days after receiving the Cancellation notice (according to clause 4.2. Cancellation Of Deals And Return Of Goods). The Buyer will receive the refund for that part of the transaction amount that was actually paid, to the extent paid. The Service Operator will cancel the Buyer's payments related to the deal, providing the Buyer with a copy of the deal cancellation notice, and without charging any additional amounts or making any deductions from the Buyer.
4.3.3. Amounts allowed for deduction (except the cases of cancellation due to product defects and non-conformity):
4.3.3.1. The deal cancellation fee: The Service Operator will have the right to charge a cancellation fee of 5% of the deal value or 100 NIS, whichever is lower.
4.3.4. Deadlines for the refund of payments made by the Buyer. The refund will be made by the Service Operator as soon as possible after the date of the deal cancellation and in any case not later than 7 working days from the date of the deal cancellation and from the date of receiving the product back into his possession.
4.3.5. Method of refund of the paid amounts: Refund will be made in the same way the payment was made and in accordance with the details indicated below:
4.3.5.1. For cash payments - Refunds will be made by cash or by cash check payable on the current date;
4.3.5.2. For credit card payments - Service Operator will work to cancel the payments subject to the approval of the credit card company or, if it is not possible to cancel the payments through the credit card company, refunds will be issued in cash or by cash check payable on the current date.

 

4.4.  The Exchange Of Goods

       Without deviating from the above, the Service Operator will have the right, at the request of the client, to exchange the goods upon presentation of an invoice or other document in accordance with clause 4.2.2.4 of these Terms Of Service within 14 days from the date of purchase of the goods, provided that the returned goods meet the conditions specified in clause 4.2.2.
 

4.5.   How And Where To Send Your Requests

4.5.1.      In case of cancellation of a purchase deal, you must first contact the Service Operator to request a cancelation and to agree on a return:
4.5.1.1.   Phone (WhatsApp): +972-58-551-6965; 
4.5.1.2.  Email address for service and support: support@ibuildpower.net
4.5.2.    Office address of the Service Operator for delivery by registered mail or courier:  "iBuild Power Solutions" Shivat Zion Street 17/4, Rishon LeZion. 
4.5.3.     You may also contact the Service Operator via the Cancel Deal page.

 

I. Important Definitions Used In This Document

II. General Provisions

3.1. Ordering Goods And Services

3.2. Supplying Goods And Services

3.3. The Use Of Our Website/Service, Violations And Methods Of The Legal Protection

3.4. Deals Cancelation By The Website Operator

3.5 Deals Cancelation By The Buyer

3.6. Deals That Cannot Be Canceled

3.7. Special Terms Relevant To Business Clients

4.1. Overview

4.2. Cancellation Of Deals And Return Of Goods

4.3. Refund To The Buyer After The Deal Cancellation

4.4. The Exchange Of Goods

4.5. How And Where To Send Your Requests

5.1. Disclaimer Of Warranties And Limitations Of Liability

5.2. Errors, Inaccuracies And Omissions

5.3. Prohibited Uses

5.4. Indemnification

5.5. Severability

5.6. Term And Termination

6.1. Privacy Policy

6.2. Personal Information

6.3. User Comments, Feedback And Other Submissions

7.1. Electronic Communications, Transactions And Signatures

7.2. SMS Text Messaging

7.3. Optional Tools

7.4. Third-Party Links And Advertisements

8.1. Entire Agreement

8.2. Governing Law

8.3. International Dispute Resolution

8.4. Intellectual Property Rights

8.5. Copyright Infringements

8.6. Availability Of Products And Services

8.7. Order Limitations, Accuracy Of Billing And Account Information

8.8. Modifications And Interruptions In The Service And Prices

8.9. Changes To Terms Of Service

IX. Contact Information

V. Liability And Warranties

5.1. Disclaimer Of Warranties And Limitations Of Liability

5.1.1. We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

5.1.2. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

5.1.3. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

5.1.4. You expressly agree that your use of, or inability to use, the Service is at your sole risk.

5.1.5. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

5.1.6. In no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.

5.1.7. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

5.1.8. The Service Operator does not bear any liability except as expressly provided for in these Terms Of Use and in accordance with legal provisions not governed by these Terms Of Use.

5.1.9. In any case, the liability of the operator of the Service will be limited to the maximum extent permitted by any legal provision. This is not intended to derogate from any mandatory legal provisions, including the Consumer Protection Law. 
5.1.10. There is no warranty for the product. The Service Operator and/or anyone acting on his behalf accepts no responsibility for maintenance or liability for the products offered on the Service and after sale, including liability for these products, their repair and/or the supply of spare parts, unless , when provisions on the above issues are in the law. Please note that product warranty is provided only to importers and distributors in accordance with the terms of the warranty certificate. 
5.1.11. No responsibility for the contents and description of the product. Unless otherwise specified, all information and statements regarding services and product liability provided on the Service are provided by importers and sellers of products to the operator of the Service and are the sole responsibility of the importers and sellers. 
5.1.12. No liability is assumed for the content and websites of third parties. Service Operator is not responsible for content published on the Service in the form of links to other websites accessible through the same link. 
5.1.13. Lack of technical service responsibility. The Service Operator makes every effort to maintain the normal functioning of the Service. However, the Service Operator does not guarantee that the services on the Service will be uninterrupted, will be available as usual without any causal or other interruptions, failures or malfunctions - including failure of equipment, software or communication lines, and the Service Operator will not bear any responsibility, any responsibility. No liability is accepted for failures and/or interruptions in the global Internet and/or Bezeq lines and/or international dial-up Internet service lines. 
5.1.14. Without derogating from the foregoing, the operator of the Service is not responsible, directly or indirectly, for any technical problems that prevent Users from ordering products through the Service and/or performing any actions through the Service.
5.1.15. No liability for violations of the law. The Service Operator does not bear any responsibility for the unlawful behavior of users of this Service.

5.1.16. Limitation of Liability. Without derogating from any other provisions, any liability and/or liability of the Service Operator is in any case limited to proven direct damages. 
5.1.17. Cancellation of the deal is the complete and final legal remedy. In the event of a significant breach of any terms of a deal for purchasing goods or services, the User's only and complete remedy shall be the cancellation of the order and the User shall have no further claims against the Service Operator or his suppliers. 
5.1.1. No liability can be accepted for obvious errors. If there are unusual or obvious technical errors in the description, specifications or prices of any product or service, such as prices expressed in euros or dollars instead of shekels, and any other such errors, this shall not be binding for the Service Operator.
 

5.2. Errors, Inaccuracies And Omissions

       Occasionally there may be information on our Website (hereinafter referred to as the “Service”) that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability of products and services. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

      We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

5.3. Prohibited Uses

In addition to other prohibitions as set forth in the Terms Of Service, you are prohibited from using the Service or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

You may not access or use the Service for any purpose other than that for which we make the Service available. The Service may not be used in connection with any commercial endeavors except for those that are specifically endorsed or approved by us. 


As a user of the Service, you agree not to: 
a) Systematically retrieve data or other content from the Services to create or 
compile, directly or indirectly, a collection, compilation, database, or directory 
without written permission from us. 
b) Trick, defraud, or mislead us and other users, especially in any attempt to learn 
sensitive account information such as user passwords. 
c) Circumvent, disable, or otherwise interfere with security-related features of the 
Services, including features that prevent or restrict the use or copying of any 
Content or enforce limitations on the use of the Services and/or the Content 
contained therein. 
d) Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services. 
Use any information obtained from the Services in order to harass, abuse, or 
harm another person. 
e) Make improper use of our support services or submit false reports of abuse or 
misconduct. 
f) Use the Service in a manner inconsistent with any applicable laws or regulations. 
g) Engage in unauthorized framing of or linking to the Service. 
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, 
or other material, including excessive use of capital letters and spamming 
(continuous posting of repetitive text), that interferes with any party’s 
uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, 
alters, or interferes with the use, features, functions, operation, or maintenance 
of the Services. 
h) Engage in any automated use of the system, such as using scripts to send 
comments or messages, or using any data mining, robots, or similar data 
gathering and extraction tools. 
i) Delete the copyright or other proprietary rights notice from any Content. 
Attempt to impersonate another user or person or use the username of 
another user. 
j) 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" or "passive collection mechanisms" or "pcms").  Interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service. 
k) Harass, annoy, intimidate, or threaten any of our employees or agents 
engaged in providing any portion of the Service to you. 
l) Attempt to bypass any measures of the Services designed to prevent or 
restrict access to the Service, or any portion of the Service. 
m) Copy or adapt the Services' software, including but not limited to Flash, PHP, 
HTML, JavaScript, or other code.

n) Except as permitted by applicable law, decipher, decompile, disassemble, or 
reverse engineer any of the software comprising or in any way making up a part of the Service. 
o) Except as may be the result of standard search engine or Internet browser 
usage, use, launch, develop, or distribute any automated system, including 
without limitation, any spider, robot, cheat utility, scraper, or offline reader that 
accesses the Services, or use or launch any unauthorized script or other software. 
p) Use a buying agent or purchasing agent to make purchases on the Services. 
Make any unauthorized use of the Service, including collecting usernames  and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses. 
q) Use the Service as part of any effort to compete with us or otherwise use the 
Services and/or the Content for any revenue-generating endeavor or commercial enterprise. 
r) Use the Service to advertise or offer to sell goods and services. Sell or otherwise transfer your profile. 

 

5.4. Indemnification

       You agree to indemnify, defend and hold harmless iBuild Power Solutions and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

5.5. Severability

       In the event that any clause or provision of these Terms Of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

5.6. Term And Termination

      These Terms Of Service shall remain in full force and effect while you use the Website (hereinafter referred to as the “Service”).

       Without limiting any other provision of these Terms Of Service, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Service (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation, for your breach of any representation, warranty, or covenant contained in these Terms Of Service or of any applicable law or regulation. We may terminate your use or participation in the Service or delete any content or information that you posted at any time, without warning or notice, in our sole discretion.

       If we terminate or suspend your account for any reason, you are prohibited from
registering and creating a new account under your name, a fake or borrowed name,

or the name of any third party, even if you may be acting on behalf of the third party.

      In addition to terminating or suspending your account, we reserve the right to take an appropriate legal action, including without limitation pursuing civil, criminal, and
injunctive redress.

 

VI. Privacy And Information Policy
 

6.1. Privacy Policy
 

6.1.1 The Privacy Policy of this Website (hereinafter referred to as the “Service”) is an integral part of the Terms Of Service. 
6.1.2. The Service Operator undertakes to prevent the misuse of any information without the user's consent, except when required by law to prevent misuses or to protect the user's rights. The Service Operator will provide an access to the information only to those employees who need this information to perform their work functions and to provide the services.

6.1.3. Information. All information relating to a specific user or to users in general includes, but is not limited to, all data that he/she provides directly or indirectly to the Service Operator when registering on the Service and/or when placing an order and/or subsequently and/or in connection with his/her activities on the Service and/or other details, including the information collected about users and their behavior when browsing and taking actions on the Service.
6.1.4. The User understands and hereby agrees that any information about him/her will be stored in the Service Operator's database. 
6.1.5. The User's consent to receive promotional materials. By providing the User's information, including when registering on the Service and/or providing an email address and/or placing an order, the User agrees and authorizes the Service Operator to send him/her the specified promotional information by any means of communication at his discretion. Such information includes any type of information messages related to the activities of the Service Operator and/or the activities of the Service, including any offers to purchase goods, products or services and even real estate and/or promotional emails of any type, and/or system messages, and/or service messages, and/or other messages.
6.1.6. Removal Requests under the Communications Act: Users may request a removal from a Service Operator's mailing list at any time, including by clicking on the removal link at the bottom of any promotional message sent to a user by the Service Operator or by sending a removal request to support@ibuildpower.net, in which case the Service Operator will not send to the User any communications that constitute the advertising as defined by law. 
6.1.7. To request the removal or a verification of the information in accordance with Privacy Law 5551-1981: 
6.1.8. Users may request a review of the data stored by the Service Operator in his database. 
6.1.9. Users may request that information to be corrected and/or removed from the database. 
6.1.10. The Service Operator may correct this information or delete it. It is clearly stated that in case of deletion, all records relating to the user will be deleted, with the exception of the deletion request itself and data on the actions performed by the user on the Service, including orders. 
6.1.11. Username and password. Your personal username and your password are for your personal use only. Under no circumstances will the Service Operator be liable for any breach of confidentiality or any other harm resulting from an unauthorized use of your username and personal password. The Service Operator recommends using a password consisting of letters, numbers and symbols and changing it frequently. 
6.1.12. Transfer of the user information to third parties is permitted. The User hereby authorizes the Service Operator to transfer his/her data to third parties, including for the purpose of offering products. 
6.1.13. Unidentified transmission of information. The Service Operator will be permitted to use the data you provide to analyze statistics, study the number of visitors to the Service, segment purchasing habits, general segmentation, adjust advertising based on browsing habits and for any other purposes), including to improve the performance of the Service and its delivery and maintenance purposes. In this case, the data will be anonymous and will not relate to you personally or identify you. 

6.1.14. Using Google Analytics to collect data. The Service Operator uses Google Analytics to collect anonymous browsing data in order to improve the services offered through the Service. In this regard, it should be clarified that the information collected by Google Analytics includes pages viewed, frequency of use of the Service, time spent on each page, method of navigation through the Service, etc. 

6.1.15. Use of cookies. The Service Operator will be permitted to use "cookies", which are text files that are stored on the user's computer's hard drive, to provide you with a fast and efficient service and prevent you from having to re-enter your personal information each time you access the Service. You can choose to delete cookies from your browser or update your browser software to prevent cookies from being stored on your computer.

6.1.16. Changes to the Privacy Policy. The Service Operator may update the Privacy Policy from time to time in his sole discretion.

6.2. Personal Information

       Your submission of personal information through the Website (hereinafter referred to as the “Service”) is governed by our Privacy Policy, which can be viewed here: [CLAUSE 6.1. PRIVACY POLICY].

        We will maintain certain data that you transmit to the Service for the purpose of
managing the performance of the Service, as well as data relating to your use of the
Service. Although we perform regular routine data backups, you are solely
responsible for all data that you transmit or that relates to any activity you have
undertaken using the Service. 

      You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

 

6.3. User Comments, Feedback And Other Submissions

       If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "Comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us.

       We are and shall be under no obligation: (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.

       We may, but have no obligation to, monitor, edit or remove any content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property rights or these Terms Of Service.

      You agree that your Comments will not violate any rights of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. 

      You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments.

      You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.

 

VII. Communications And Marketing

7.1. Electronic Communications, Transactions And Signatures

       Visiting the Website (hereinafter referred to as the “Service”), sending us emails, and completing online forms constitute electronic communications. By taking these actions you consent to receive electronic communications, and you agree that all agreements, notices, disclosures and other communications we provide to you electronically, via email and on the Service, satisfy any legal requirement that such communications must be in writing.

       You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Service or via other services.

       You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

 

7.2. SMS Text Messaging

Opting Out
      If at any time you wish to stop receiving SMS messages from us, simply reply to the text with "STOP.” You may receive an SMS message confirming your opt out.


Message and Data Rates
     Please be aware that message and data rates may apply to any SMS messages sent or received. The rates are determined by your carrier and the specifics of your mobile plan.


Support
     If you have any questions or need assistance regarding our SMS communications,
please email us at support@ibuildpower.net or call / WhatsApp at: +972-58-551-6965.

 

7.3. Optional Tools

      We may provide you with an access to third-party tools over which we neither monitor nor have any control nor input.

      You acknowledge and agree that we provide an access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

     Any use of the optional tools offered through the Service is entirely at your own risk and discretion and you should ensure that you are familiar with and agree with the terms on which these tools are provided by the relevant third-party provider(s).

      We may also, in the future, offer new products, services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services will also be subject to these Terms of Service.

 

7.4. Third-Party Links And Advertisements

        In addition to the optional tools from third-parties specified in Section 7.3. “Optional Tools”, certain content, products and services available through our Service may include materials, advertisements and other information from third-parties.

      Third-party links on our Service may redirect you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content of those websites or the accuracy of any information provided therein and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

       We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction.

       Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

VIII. Miscellaneous

8.1. Entire Agreement

        Our failure to exercise or enforce any right or provision of these Terms Of Service shall not constitute a waiver of such right or provision.

        These Terms Of Service and any policies or operating rules posted by us on the Website (hereinafter referred to as the “Service”) or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms Of Service).

        Any ambiguities in the interpretation of these Terms Of Service shall not be construed against the drafting party.

 

8.2. Governing Law

       These Terms Of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the state of Israel. Any actions or conflicts arising therefrom will be also regulated in accordance with the laws of the state of Israel and, if necessary, clarified by the competent courts in each individual city of the Central District. 

      The version of the Terms Of Service currently published on the Service is always determinative.

 

8.3. International Dispute Resolution

8.3.1. Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim
related to these Terms Of Service (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.


8.3.2. Binding Arbitration
Any dispute arising out of or in connection with these Terms Of Service, including any
question regarding their existence, validity, or termination, shall be referred to and
finally resolved by the International Commercial Arbitration Court (ICAC) under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, as a result of referring to it, is considered as the part of this clause. The number of arbitrators shall be three (3). The seat, or legal place, or
arbitration shall be Rishon Le Zion, Israel. The language of the proceedings shall be
Hebrew and English. The governing law of these Terms Of Service shall be substantive law of Israel.


8.3.3. Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the
Parties individually. To the full extent permitted by law: (a) no arbitration shall be
joined with any other proceeding; (b) there is no right or authority for any Dispute to
be arbitrated on a class-action basis or to utilize class action procedures; and (c)
there is no right or authority for any Dispute to be brought in a purported
representative capacity on behalf of the general public or any other persons.


8.3.4. Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions
concerning informal negotiations binding arbitration: (a) any Disputes seeking to
enforce or protect, or concerning the validity of, any of the intellectual property rights
of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy,
invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this
provision is found to be illegal or unenforceable, then neither Party will elect to
arbitrate any Dispute falling within that portion of this provision found to be illegal or
unenforceable and such Dispute shall be decided by a court of competent jurisdiction
within the courts listed for jurisdiction above in the Section 8.2 Applicable Laws, and the Parties agree to submit to the personal jurisdiction of that court.
 

8.4. Intellectual Property Rights

8.4.1. Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Service, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Service (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").
Our Content and Marks are protected by copyright and trademark laws (and various
other intellectual property rights and unfair competition laws) and treaties in Israel, Europe, the United States and around the world.


The Content and Marks are provided in or through the Service "AS IS" for your
personal, non-commercial use or internal business purpose only.


8.4.2. Your use of our Services
Subject to your compliance with these Terms of Use, including the "Prohibited Activities" section below, we grant you a non-exclusive, non-transferable,
revocable license to: access the Service; and download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use or internal business purpose.


Except as set out in this section or elsewhere in our Terms of Use, no part of the
Service and no Content or Marks may be copied, reproduced, aggregated,
republished, uploaded, posted, publicly displayed, encoded, translated, transmitted,
distributed, sold, licensed, or otherwise exploited for any commercial purpose
whatsoever, without our express prior written permission.


If you wish to make any use of the Service, Content, or Marks other than as set out
in this section or elsewhere in our Terms of Use, please address your request to:
support@ibuildpower.net. If we ever grant you the permission to post, reproduce, or
publicly display any part of our Service or Content, you must identify us as the
owners or licensors of the Service, Content, or Marks and ensure that any copyright
or proprietary notice appears or is visible on posting, reproducing, or displaying our
Content.


We reserve all rights not expressly granted to you in and to the Service, Content,
and Marks.


Any breach of these Intellectual Property Rights will constitute a material breach of
our Terms of Use and your right to use our Service will be terminated immediately.


8.4.3. Your submissions and contributions
Please review this section and the "Prohibited Activities" section carefully prior
to using our Service to understand the (a) rights you give us and (b) obligations you
have when you post or upload any content through the Services.


Submissions: By directly sending us any question, comment, suggestion, idea,
feedback, or other information about the Service ("Submissions"), you agree to
assign to us all intellectual property rights in such Submission. You agree that we
shall own this Submission and we will have the full right to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without any acknowledgment or compensation to you.


Contributions: The Services may invite you to chat, contribute to, or participate in
blogs, message boards, online forums, and other functionality during which you may
create, submit, post, display, transmit, publish, distribute, or broadcast content and
materials to us or through the Service, including but not limited to text, writings,
video, audio, photographs, music, graphics, comments, reviews, rating suggestions,
personal information, or other material ("Contributions"). Any Submission that is
publicly posted shall also be treated as a Contribution.


You understand that Contributions may be viewable by other users of the Services
and possibly through third-party websites.


When you post Contributions, you grant us a license (including use of your
name, trademarks, and logos): By posting any Contributions, you grant us an
unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-
free, fully-paid, worldwide right, and license to: use, copy, reproduce, distribute, sell,
resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat,
translate, excerpt (in whole or in part), and exploit your Contributions (including,
without limitation, your image, name, and voice) for any purpose, commercial,
advertising, or otherwise, to prepare derivative works of, or incorporate into other
works, your Contributions, and to sublicense the licenses granted in this section. Our
use and distribution may occur in any media formats and through any media
channels.


This license includes our use of your name, company name, and franchise name, as
applicable, and any of the trademarks, service marks, trade names, logos, and
personal and commercial images you provide.


You are responsible for what you post or upload: By sending us Submissions
and/or posting Contributions through any part of the Service or making
Contributions accessible through the Service by linking your account through the
Service to any of your social networking accounts, you:

  • confirm that you have read and agree with our "Prohibited Uses"
    and will not post, send, publish, upload, or transmit through the Services any
    Submission nor post any Contribution that is illegal, harassing, hateful,
    harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to
    any person or group, sexually explicit, false, inaccurate, deceitful, or
    misleading; 
  • to the extent permissible by applicable law, waive any and all moral rights to any such Submission and/or Contribution;
  • warrant that any such Submission and/or Contributions are original to you or
    that you have the necessary rights and licenses to submit such Submissions
    and/or Contributions and that you have full authority to grant us the above-
    mentioned rights in relation to your Submissions and/or Contributions; and
  • warrant and represent that your Submissions and/or Contributions do not
    constitute confidential information.


You are solely responsible for your Submissions and/or Contributions and you
expressly agree to reimburse us for any and all losses that we may suffer because of
your breach of (a) this section, (b) any third party’s intellectual property rights, or (c)
applicable law.


We may remove or edit your Content: Although we have no obligation to monitor
any Contributions, we shall have the right to remove or edit any Contributions at any
time without notice if in our reasonable opinion we consider such Contributions
harmful or in breach of these Terms of Use. If we remove or edit any such
Contributions, we may also suspend or disable your account and report you to the
authorities.


Copyright infringement
We respect the intellectual property rights of others. If you believe that any material
available on or through the Service infringes upon any copyright you own or control,
please immediately refer to the "Copyright Infringements" section below.

 

8.5. Copyright Infringements

       We respect the intellectual property rights of others. If you believe that any Material available on or through the Service infringes upon any copyright you own or control, please notify us immediately by sending us a Notification using the contact information provided below (in Section IX “Contact Information”).

       A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in your Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.

       

8.6. Availability Of Products And Services 

        Certain products or services may be available exclusively online through the Service. These products or services may have limited quantities and are subject to return or exchange only according to our Cancelation and Return Policy: [LINK TO CANCELATION AND RETURN POLICY]

      We have made every effort to display as accurately as possible the colors and images of our products that appear on the Service. We cannot guarantee that your computer monitor's display of any color will be accurate.

      We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without prior notice to you, at our sole discretion.

     We reserve the right to discontinue offering or sale of any product or service at any time. Any offer for any product or service made on the Service is void where prohibited.

      We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

      

8.7. Order Limitations, Accuracy Of Billing And Account Information

      We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.

       In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made.

      We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

     You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

     For more details, please review our Cancelation and Return Policy: [LINK TO CANCELATION AND RETURN POLICY]

 

8.8. Modifications And Interruptions In The Service And Prices

     Prices for our products and services are subject to change without notice. We reserve the right to change, modify, or remove the contents of the Service at any time or for any reason at our sole discretion without notice.

       However, we have no obligation to update any information on our Service. We also reserve the right to modify or discontinue all or part of the Service without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.

      We cannot guarantee the Service will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Service, resulting in interruptions, delays, or errors.

      We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Service at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Service during any downtime or discontinuance of the Services. 

     Nothing in these Terms Of Service will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

 

8.9. Changes To Terms Of Service

      You can review the most current version of the Terms Of Service at any time at this page. 

      We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. 

      Your continued use of or access to our Website / Service following the posting of any changes to these Terms of Service constitutes your acceptance of those changes.

IX. Contact Information

If you have questions or wish to receive further information or to resolve a complaint regarding the Terms Of Service and the Service, please use the contact form on our Website or contact us at:


iBuild Power Solutions
Shivat Zion 17/4
Rishon Le Zion, Merkaz, 7534152
Israel
Phone/WhatsApp: +972-58-551-6965
support@ibuildpower.net