Regulations for Use of WEMAKEIT Rental Device
Thank you for deciding to use the iPad/Mini iPad (the "Device") provided by WeMakeIt Ltd. (the "Company"). These regulations set out the conditions for use of the Device. The regulations are written in the male gender but apply equally to the female gender.
1.1. Use of the Device is subject to the regulations appearing below.
1.2. Anyone using the Device undertakes to read the details of these regulations carefully and thoroughly, and hereby confirms that he irrevocably and unconditionally, accepts all its contents. For all intents and purposes, these regulations constitute a usage agreement for the Device between the Company and the User. Without derogating from the generality of the above, the word "use" in these regulations means any use, surfing, use of applications, purchase proposal, purchase registration, purchase, registration of whatever kind, advertising, talkback writing, publishing of responses, expressing of opinions, viewing of all sorts of content, sending and receiving of e-mails, sending and receiving of notices – in short, active and passive activities that are performed using the Device and with its content.
1.3. You undertake to inform all Users that they must read the details of these regulations before they use the Device and/or guide and explain to other Users the limitations that apply to them in accordance with these regulations.
1.4. The Company owns the Device and is the owner of the rights to the designated applications installed on the Device, which do not belong to third parties. The Company's contact details are:
Company Name: WeMakeit Ltd.
Mailing address: 10 Yehoshua Ben-Nun Street, Hod Hasharon, Israel
1.5. The Company reserves the right to modify these regulations from time to time, and all use of the Device constitutes agreement to the conditions of the regulations that may be current at the time and which can be read using the Device prior to use.
1.6. The Company will only be obligated by what appears here in the regulations. In any event of contradiction between any other publication and the regulations, the regulations shall prevail.
2.Purpose of activity with the Device
2.1. The Device is intended for use with any of the following purposes, subject to its current technological capability: As a Tablet computer, Internet surfing device, and for reading mail from Internet sites with e-mail services, interactive online service operated by the Company over the Internet and designed to allow users exposure to content passed across the Internet and to owners of businesses wishing to advertise the products and services that they offer their users, and to facilitate the purchase of their products or services using the Device.
2.2. Any transaction relating to the products purchased using the Device is a direct transaction between the User and the supplier of the service or the seller. We wish to clarify that neither the Company, the Device, any of the Company's applications or other content managed by the Company should be construed as a recommendation and/or professional opinion relating to the product and/or service and/or the viability of their purchase and in any event, the Company has no connection nor responsibility for any transaction or activity carried out by the User or any other matter upon which the User may have relied as the result of the advertising or information reaching him via the Device.
3.Site Visitors and Users of Company Devices
3.1. Anyone with a current Internet email address and a current credit card issued by a clearing house that has an agreement with the Company, or who has prepaid for the purchase of an activation code for the Device, may make use of the Device in accordance with the Company's conditions of business.
3.2. Notwithstanding the above, the Company, at its exclusive discretion, may refuse any individual or group of individuals, use of the Device, whether or not said use has been permitted in the past, without being required to provide explanation and/or prior notification
4.Procedure for Using the Device
4.1. The procedure for use of the Device is based on the manufacturer's instructions and subject to these Regulations.
4.2. The User must complete the "User's Personal Details" including details of his credit card or activation code and afterwards confirm his agreement to these Regulations.
4.3. On completion of the above activity, the User will receive an email message confirming that registration has been completed.
5.Cost of Using the Service
5.1. Cost of usage is as stated on the Company's website: www.wemakeit.co.il or any other amount that has been agreed with you in writing at the time of renting the Device. The Company may change the cost of usage from time to time, without prior publication of same.
6.Money Back Policy
6.1. The Company will facilitate a full monetary refund prior to the date of commencement of the rental for whatever reason.
6.2. If a justified complaint is received against the cellular provider to which the Company is connected through its activity agreement, cancelation of the cellular connection and a full refund of the rental period days remaining through the date of the end of the rental period will be possible. In the event of rental in Israel, the credit will be effective from the date of the return of the Device to the Company. In the event of rental outside of Israel, the refund will only be made after the Device is returned to Israel, and commencing from the date the justified complaint was reported to the Company as aforementioned.
6.3. All requests for cancelation and refund must be made exclusively by the holder of the credit card, in writing, by fax or e-mail. In order to receive a refund, confirmation must be received from the Company by return fax or e-mail. Without the Company's authorization, no monetary refund will be made.
6.4. Regarding any problem or fault, the Company must be contacted prior to submitting a request for a refund. If a solution to the reason for cancelation cannot be facilitated, the credit card company will receive a request to cancel the transaction and/or issue a credit based on the date of return of the Device.
6.5. The request should be sent by mail to: email@example.com
7.User Responsibility for Proper Working Condition of the Device
7.1. The User of the Device undertakes to make reasonable and careful use of the Device (as he would if he owned it) and to look after it and protect its accessories from any knocks and/or damage and to return the Device and its various accessories after use, in the same good condition in which they were received.
7.2. The User declares that he is aware that the Company will debit him in respect of any damage or disrepair caused to the Device or its accessories. The Device accessories for the purpose of this clause are the screen protector which is stuck to the screen, protective cover, wall charger, car charger, carrying case, SIM card, USB cables, and any other accessory provided by the Company.
7.3. The table below sets out the charges that will be debited to the User for damage to the Device and its accessories (in the event of non-return of the Device the User will be charged with the cost of all the equipment – each item returned will be deducted from the overall cost of the kit).
8. Late Return of the Device by Prior Arrangement:
8.1 In respect of every delay from the predetermined date for the return of the Device to the Company, the User will be charged an additional fee in respect of non-return on time, as follows:
8.1.1. Up to 60 minutes – no charge.
8.1.2. Between 60 minutes and up to 24 hours – one additional day's rental.
8.2. In respect of every additional 24 hour period – one additional day's rental.
8.3. These charges will be in addition to any charges that may apply, in respect of normal use based on the business agreement, and in respect of any damage or loss.
9.Confidentiality and Privacy
9.1. The User is not under any obligation to provide any details about individuals or corporations but non-provision of the required details for registration and sales on the website may mean that transactions cannot be completed.
9.2. The Company will not transfer any details of a Device User to any third party, without the said User's prior written consent, other than for the purpose of providing services to the User, improving the service provided to customers of the Company, or based on the requirements of law. We wish to clarify that any identifying detail that a User enters in third party applications, including browsers and websites, within the framework of his use of the Device, is not under the Company's control and the Company takes no responsibility in the event that same reaches the possession of any third parties.
9.3. Without derogating from the above, we wish to clarify that anyone who provides his details over the Internet, does so exclusively at his own responsibility.
9.4. The Company will not be responsible for any damage, loss of earnings, damaging of good name, reliance, expense, breach of contract and so forth – of a direct or indirect nature – caused if, and to the extent it is caused, by compromising of the confidentiality of user details, leaking of payment device details and/or suppliers' details.
9.5. The User declares that he fully understands that in the environment of the Internet, third parties have methods for obtaining information that is passed across the Net, even when the User does not want this to happen, and for this reason, the Company"החברה" has no way of guaranteeing that information such as the above, will not be passed on, and it will therefore be exempted from any responsibility towards the User.
9.6. We wish to clarify that the registration by the User on the Company's site, constitutes the User's agreement to receive e-mail from the Company, the purpose of which is to encourage the purchase of a product or service, which may include updates on a range of subjects, details of the enactment of a transaction, advertising and so forth, including messages that contain content that meets the definition of "advertising material" according to Amendment No. 40 of Communications Law (Telecommunications and Broadcasting) 5742 – 1982.
9.7. You may, at any time inform the Company of your wish to remove your address from the Company's mailing list by sending an e-mail message to: firstname.lastname@example.org, or by using the removal option found in the advertising notice. It is your responsibility to ensure that your address has been removed and in the event that you continue to receive messages, you are requested to send a detailed e-mail to the above address.
- WeMakeIT Data Collection Policy
10.1 At WeMakeIT, we believe that our customers should know about the information we collect in the framework of the use of devices and services that the Company provides to its customers.
10.2 Data collection is an integral part of the operations and control system of the products and services that we provide, and we cannot make these services available or provide the devices without collecting data and using it as explained above. Should you disagree with the data collection we make, we regret that we cannot provide you with our services, and we request that you refrain from using the services or any products that we may supply.
10.3 The provisions that are included in our data collection policy, constitute an integral part of the conditions of use of our services and products. We reserve the right to change these provisions from time to time, and should there be a material change, the customer will be responsible for approving the new policy conditions when he approves a new transaction, as a condition for the continuation of use of the services or products, or via notifications that are sent by us to the customer’s nominated email address. By approving the conditions of use, you undertake and confirm that the email address that you provided to us is active, and that you will regularly check your mailbox during the period of usage of our services or products, so as to determine whether you have received any notification from us relating to changes in policy.
10.4 The data we collect
The data we collect is split into two categories:
1.Data which is not personal (hereinafter - the “anonymous data”), which is data that does not include specific identification details of the user, in order for us to learn, improve, investigate and develop. The anonymous data may include, for example, information relating to the ages of the users, gender, place of residence, family status and other information, provided that it does not include specific identification information.
- Data which is not anonymous (hereinafter: “personal information”), which is data subject to the collection of specific identification data of the user (name, identity number, telephone number, email address), for the purpose of providing support for the services required by the user while they are being used.
10.5 Both the anonymous data and the personal data are nor forwarded to third parties in a manner in which they might receive specific information about the user which the user has not specifically approved for passing to third parties, except for items of data that we are obligated to pass on according to the provisions of the law, and except for items of data we pass to “kesher Rent a Car or Hertz”.
10.6 The anonymous data includes, inter alia, the data detailed below:
Details of the use made, times of use, geographic location, type of car, data relating to the condition of the vehicle and driver behavior, surfing data, numbers of users per router and their surfing data, gasoline consumption, using of toll roads, using of parking places, and user characteristics (such as age, gender, country of residence, etc.).
10.7 The personal data includes, inter alia, the data detailed below:
Full name and specific means of identification of the user, such as passport number or identity number, bank account or credit card details, email address, cellphone number, and contract number with the vehicle rental company, any information that may be relevant to the financial charge of the user of the vehicle, including information on the use of the vehicle, travel on toll roads, parking of the vehicle, fuel consumption, travel distances, etc..
10.8 We view as personal data all data which, in the event that it reaches third parties, can be used by them to identify the user.
10.9 Receipt of approval to collect the data
Approval of the conditions for use of the service or product, constitutes a condition for the receipt of the service or use of the product, and it constitutes explicit agreement of the customer and permission to collect the data and use it as explained above.
10.10 Data Collection Method
The anonymous data is collected by us with technological means, which include automated transmission from the Device, which is required, inter alia, for carrying out monitoring activities, analysis, location and so forth, and general data (such as age, gender, country of residence) that were provided to us by the User as mentioned below.
The personal data is collected by us via the entering of user details in one or more of the systems used for receipt of the service by the customers - such as vehicle ordering forms, and in the registration for receipt of services and approval of the conditions of use or services or products.
The data reaches us when the services or products are used - such as actual cellular connection, change of geographical location and so forth.
We would like to make clear that we collect the data for a clearing system established for the purpose of collecting monies that derive from the customers, but this data is not part of the data that is monitored and retained by us, and the data (such as credit card details) are retained by the clearing company for the purpose of executing debits only, and are not used by us thereafter for any other reason, and we do not transfer it to third parties except when it is for the purpose of executing debit charges by us.
10.11 What happens to the data?
The data that is collected by us goes through stages of processing, with the objective of examining the nature of usage of the services and products by our customers, monitoring the quality of the services and products, identification of faults and their solutions, improvement and development of the products and services, and the conducting of research, and studies.
Part of the anonymous data that is collected by us, and also some of the results of the research that we perform on it, is passed to third parties, provided that it does not contain any personal data. In the event that we are asked to transfer personal data to third parties, we will ask for permission from every customer.
The personal data that is collected by us is intended to make it possible for us to give the customer the best service and to enable us to provide a solution for every issue related to any specific customer, and to respond to support requests from customers.
Data regarding location, toll roads, parking places etc. is used to charge extra costs of the vehicle usage where applicable.
Clarification: In the event that we have collected data that is associated with a customer based on the customer’s name, but which in no way will disclose the identity of the customer, we may also transfer the data to third parties without requiring the consent of the customer. In this way, we can provide the customer with services that match the way in which s/he utilizes the service, geographical location or other characteristics of the customer, without disclosing the customer’s identity to third parties.
In special cases we may be required to disclose personal data as well or to transfer it to third parties. This can happen, for example, in the following circumstances: If the provisions of law demand that we transfer data; in the event that we are required by a court, enforcement agencies or a ratified authority to transfer data; to preserve our interests in any event of use that breaches any of our rights or which may damage us; in the event of loss of equipment or its theft; to protect the rights of a third party in the event of claims of breach of copyright, the carrying out of criminal acts or civil injustices; to obtain service from our suppliers in order to provide service (such as support providers for software or equipment, providers of computer services or data storage etc.); in order to protect the rights, property, or personal safety of the Company, its customers or the wider public, in the event of a change of control in the Company, including by way of merger, purchase, or the purchase of all, or the main assets, in order to collect, hold and/or manage the personal data of the users through a third party that is an authorized service provider, as may be required by the requirements of the business and operational needs of the Company, where such a third party may be located outside Israel (for example, storage using Amazon “cloud services”).
To remove all doubt - this is to clarify that personal data that reaches third parties due to the use by customers of services that are provided by third parties - such as surfing Internet sites, use of data storage servers, cloud services, use of email servers etc. - the data shall not be considered to have been transferred by us to third parties, even if our equipment is involved in the providing service for these devices, such as software, products and other services.
10.12 Change or deletion of data at the request of the customer
The anonymous data cannot be deleted, since it is assimilated into our data systems and has been used as described above.
The customer can change personal data or delete it, provided that this is done after termination of use of the products or services and the equipment has been returned, on condition that there is no money owed, and on condition that no reason has been created to transfer the personal data at the time of the deletion or change requested.
The deletion or changes will be affected by sending an email to support@WeMakeIT.co.il
To clarify: In order to provide services, all the data in the system is backed up from time to time. The backup files cannot be changed or deleted by the customer, and therefore no personal data can be deleted or changed in them. In any event, we will not use personal data that is retained in the backup systems, without obtaining the permission of the customer or in the event in which we are permitted to make use of it as mentioned above.
10.13 Data Security
We take accepted steps to prevent the possibility of access by unauthorized third parties to the data collected by us, but the facts on the ground mean that we cannot guarantee that hostile parties will not be able to penetrate the security systems.
- Absence of Warranty
11.1. The Company will not be party to any business arrangement made between the User of the Device and different sites to which he surfs or within the framework of surfing sites or using applications, and it will take no responsibility whatsoever deriving from the exposure to improper user content including content not for users under the age of 18. The content of this clause also applies in the event that the surfing is done using applications developed or supported by the Company.
11.2. The Company and/or sites operated by it, is not directly and/or indirectly responsible for products purchased using the service and/or the rented product. Without derogating from the generality of the above, the Company will not be responsible for the quality of products, delivery dates, details advertised on the site relating to the products, matches between the products supplied and the pictures of the products shown on the site, technical specifications, suitability of the products to User requirements, the service of the advertisers, setting of prices, repairs, wear and tear, identities of the manufacturers of the products, and so forth.
11.3. The Company reserves the right to terminate the activities of the Device or any application installed on it at any time, for however long, for maintenance purposes and for whatever other purpose or reason. Termination of the activity as mentioned (temporarily or permanently) will not require advance notice or explanation to anyone.
11.4. The Company is not responsible nor will it take responsibility, directly or indirectly, for any damage, loss of earnings, expense, defamation of good name, reliance, breach of contract, misdemeanor of whatsoever nature, and so forth, caused, should same be or have been caused to the User, supplier and/or any other third party in (direct or indirect) connection with the Device, its use, the products and use of them, due to the cessation of activity of the Device or any of its applications, either temporarily or permanently.
11.5. Without derogating form the above, whenever there is a link via which third party information can be received, the Company will not be responsible in any way, directly or indirectly, for the content of the said link, the information contained therein, the pictures appearing therein, reliance on all of these and any damage, expense and loss of earnings, directly and/or indirectly, caused as the result and/or in connection with the aforementioned external link.
11.6. Any retention of information on the Device database (or in its memory) is the responsibility of the User only. The Company will have the right to return the Device to its default settings at any time and it wishes to clarify that it will do this for the purpose of maintenance and data security on a regular basis and without giving the User prior notification of same. The return of the Device to default settings constitutes the deletion of all the data entered into the Device by the User.
11.7. The User is hereby cautioned not to enter passwords into the various applications, nor to take pictures or store them in a manner that makes them remain accessible to other users to whom the Device might be rented in the future. Should the User not understand the method of operation to prevent the retention of data as mentioned, he is requested in advance, not to enter same. The Company wishes to clarify that it will not be responsible for any damage that is caused to the User in the event that anyone makes use of his passwords or personal information or any other content that the User leaves in the Device.
11.8. In the event that the User makes use of the navigation program – we wish to clarify that its use is in the framework of navigation assistance only and the User should not rely on the data presented by the program, including the data concerning roads, speed traps, addresses and so on. As mentioned, all such usage is the exclusive responsibility of the User, as if he had purchased the navigation content himself from the program supplier.
11.9. Without derogating from the above, you undertake when returning the Device, to bring about a situation where nobody using the Device will leave private photographs in the Device memory or in any pictures folder connected to the Device and accessible through it.
- Unauthorized Use
12.1. No unauthorized use of the Device or the applications installed on it may be made, including the expressed prohibition of deleting any information or application and/or editing of any changes to the Device settings.
12.2. Without derogating from the generality of the above, the content of the Device may not be distributed, duplicated and/or presented in any way whatsoever, without prior written authorization from the Company. This includes the prohibition of the use of framing and automated data mining tool techniques.
12.3. No use of the Company's logo or any application, or copyright or intellectual property, may be made, whether in stand-alone form or incorporated into applications installed in the Device, without prior written permission from the Company.
- Copyright and Trademarks
13.1. Everything installed on the Device is the exclusive property of the Company or being used with the explicit permission and and/or copyright of the owners of the trademark. Any copying, distribution, broadcasting, advertising, link, or other change to the content of the Device or anything found in it without explicit written authorization from the Company is absolutely forbidden.
13.2. Any deviation from this policy may lead to a breach of copyright, infringement of trademark or other intellectual property which leaves the person in breach open to civil claims and/or criminal proceedings.
13.3. This Device and the applications installed on it include material protected by copyright, trademarks and other intellectual property, including wording, images, music and video, graphics and sound, and other technical data.
13.4. The Company is the holder of the copyright to the content installed on the Device, the manner of presentation of the applications, and graphic characteristics, and it is absolutely forbidden for the User to change, advertise, broadcast, participate in the transfer or sale, create derivative products or make use of any kind of the content as mentioned, in whole or in part.
13.5. The intellectual property rights belong to the Company, as mentioned, even when there is not a specific indication stating this on the Device or in one of the contents, and this has been specifically clarified to the User.
- Conditions of use – WeMakeIt Package
14.1. In the framework of operating the Device you are permitted to make use of cellular surfing using the SIM card installed in the Device.
14.2. You are expressly forbidden to remove the SIM card installed in the Device, transfer it to another device or make any use of it other than with the Device. You are also forbidden to install any other SIM card in the Device. In the event that you engage in any of the above activities, you will be charged in the amount of NIS 5,000 since this constitutes a fundamental breach of the conditions of our business relationship.
14.3. Please ensure that your cellular telephone device, the details of which you gave when you rented the Device, is open for the receipt of notifications so that we are able to update you regarding your use of the package. We also wish to clarify that even in the event of the absence of receipt of notifications to your Device for whatever reason, the conditions of service and their prices will be binding on you, as is the case upon your receipt of the service, and you must remain updated of the applicable rates through our Internet site or our telephone service center.
14.4. In the event that you ask to change your registered cellular telephone number after renting the Device – it is your responsibility to make contact via SMS citing your order number and your first name and surname as stated when you rented the Device, so that we can update the number to which notifications are sent – if you do not receive confirmation of receipt, this means that your notification has not reached us and the change has not been made. In such a case, it is your responsibility to ensure that the change is made.
14.5. During the period of the package or benefit that you have purchased for surfing overseas, you will be able to surf over selected networks in each of the countries included in your package. Please note that surfing on other networks in these countries will not be possible, and nor will it be possible to surf on those networks in countries other than those covered by your package, as defined at the time of its purchase (the surfing SIM which has been installed in your Device is not designed for use in countries for which you did not register when you rented the Device. At the same time, due to technology limitations, the Company cannot control the usage restrictions and we therefore wish to clarify that usage in a country or countries that are not designated by you, will incur an additional charge which, with strong likelihood, will be significantly higher. The Company therefore entreats you to refrain from using the Device in these countries so as to prevent incurring higher charges as aforementioned).
14.6. In view of the foregoing, we recommend that you act as follows:
14.6.1. If you move to a cellular network in a country that is not in a designated country for which you have purchased a package – shut down the Device. You will be able to operate it again when you return to the reception areas of the network in the country for which you purchased the package.
14.6.2. If you receive notification that the network on which you are surfing is not included in the surfing package – turn off the Device immediately. You will be able to use it afterwards when you return to the reception area for the network for which you have ordered the package.
14.7. We wish to clarify that during flights the Device is liable to connect to various networks, especially, but not only, at times of landing and take-off. You are therefore requested to place the Device in airplane mode or to turn it off altogether, so as to prevent connection to a network that is not covered by your package or which is not in the location of your destination country. Any such charges in respect of cellular networking usage will be applied to you and these may be substantial.
14.8. We wish to clarify that the surfing packages overseas are offered subject to the conditions and cellular coverage offered by the cellular network operators overseas, and the Company is not able to make a commitment to the quality of surfing and its geographic coverage and this is completely your responsibility.
14.9. The surfing packages are defined in accordance with the dates for which you ordered the service. If you wish to extend the service it can easily be done. Please contact us by email at email@example.com. In the event that you do not receive confirmation – this means that your request has not been received and the requested change has not been implemented.
14.10. The surfing volume unused during the period of the package, including any extension period – cannot be saved and nor will any monetary refund be issued in respect of it.
- Applicable Law and Place of Jurisdiction
15.1. The exclusively prevailing law in all matters relating to this site is Israeli law.
15.2. In any event of dispute the courts exclusively authorized to hear claims will be the Tel Aviv-Yafo District Court.