Last revised August 27, 2015
1. Acceptance of Terms
1.1. The following terms and conditions shall govern your use of the OurCart application (the “Application”) and any services made available from time to time through the Application (the “Services”).
1.2. By using the Services, you (the “User”) accept and agree to be bound by these terms and conditions (the “Agreement”). IF YOU DO NOT ACCEPT ANY OF THE TERMS AND CONDITIONS, YOU ARE REQUIRED TO REFRAIN FROM USING THE SERVICES.
1.3. This Agreement constitutes the entire agreement between you and OurCart, with respect to the use of the Services, and shall replace any and all other agreements.
2.1. You are granted permission to use the Services subject to your full compliance with the provisions of this Agreement.
2.2. You may not use any of the Services if you are under the age of 18 or lack the legal capacity to do so.
2.3. While using the Application, you may not perform, intentionally or carelessly, any of the following:
2.3.1. Browse, surf, process, scan or use the services of the Application via operation of a computer program designed to gather information or perform operations imitating a human user (including, without limitation, Bots or Crawlers).
2.3.2. Manipulate the URL of the Application, or otherwise gain access to any internal pages to which OurCart has not provided you with a direct link (including, without limitation, URL Hacking).
2.3.3. Manipulate information collected by the Application, or intercept or interfere with the transmission of such information to OurCart.
2.3.4. Carry out any action which may infringe the copyrights of OurCart or any other copyright holder.
2.3.5. Carry out any action which may infringe any laws, regulations, orders or any guidelines of any governmental authority, is likely to offend or harm the public order, or could reasonably be viewed as obscene, pornographic or intended to offend or harm the feeling of any specific individual or group of people.
2.3.6. Carry out any action which violates any community guidelines we may publish from time to time.
2.4. We reserve the right to bar you from using any of the Services, and suspend or cancel any action carried out through the Application or the Services, at our sole decision and for any reason we deem fit, including, for example, due to any suspicion regarding violation of this Agreement or any applicable law or regulation.
3. Registration to Services
3.1. At our sole decision, the access to certain Services may be subject to additional terms and conditions or limited to Users who have subscribed to the Services (the “Account”), who maintain a 3rd Party Account (as defined below), who have provided certain information and details, who have accumulated a certain number of “points”, or who are current in the payment of certain subscription fees.
3.3. It is clarified that information submitted by User must not contain partial or inaccurate data – only the full, true and accurate details required.
3.4. If User is required to set or change a password for the Account, and so as to avoid any unauthorized access to the Account as well as any possible damage in the event such password is illegally obtained:
3.4.1. User should not disclose password to any third party nor present, enter or use this password with respect to any third party service.
3.4.2. User must be aware of the importance of changing the password on a periodical basis.
3.4.3. User must be aware it is highly advisable for the password not to contain, whether in straight forward form or reverse order, any of the following: User’s name; identity, social security, passport or phone number; significant date; or dictionary word.
3.5. User shall notify OurCart immediately of any suspicion regarding unauthorized access to the Services through User’s Account or through a 3rd Party Account.
3.6. Without limiting from OurCart’s rights under Section 2.4, OurCart reserves the right to suspend any Account and condition access to Account on presentation of proof that these terms and conditions have not been violated.
3.7. User may not create more than one Account. For the avoidance of doubt, User’s Account, and any privileges granted with respect to such Account, is personal and non-transferrable. User may not assign, transfer or share access to the Account or to any Services which are subject to additional terms and conditions or which are limited to User’s who have subscribed to the Services.
3.8. THOUGH OURCART MAINTAINS REASONABLE MEASURES TO SECURE AND PROTECT ACCOUNT CONTENTS AND INFORMATION REGARDING USER’S ACCESS TO SERVICES, OURCART CAN NOT ENSURE DEFINITE PROTECTION FROM EXPOSURE DUE TO MALICIOUS ACTS, AND SHALL NOT BE LIABLE TO ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL, INCURRED BY USER DUE TO ANY SUCH EXPOSURE OF ACCOUNT CONTENTS OR INFORMATION REGARDING USER’S ACCESS.
4. 3rd Party Login Services
4.1. As specified in Section 3 above, use of or access to certain Services may be subject to registration or login via Facebook Connect or similar third party services (the “3rd Party Login Services”).
4.2. OurCart expressly disclaims any liability or responsibility to the use of 3rd Party Login Services in connection with the Services, and must assume you have been made familiar with the nature of these 3rd Party Login Services prior to registration or login.
For more information regarding 3rd Party Login Services, their operation or the information they may share and exchange with OurCart, please visit the relevant 3rd Party Login Service website.
4.3. By connecting with or logging in via 3rd Party Login Services:
4.3.1. User warrants and certifies that the 3rd Party Login Services account stated or utilized by User (the “3rd Party Account”) constitutes User’s sole account with such 3rd Party Login Services, used by User, and solely by User, on a regular basis, and that no other entity or person has any right to access the 3rd Party Account; and
4.3.2. User consents to OurCart presenting or sending to or through such 3rd Party Account, or such email address or social network account associated thereof, notifications and updates, to or on behalf of User, re User’s activities through the Application or the Services and any amendment of the terms hereunder.
4.3.3. User explicitly declares that any and all information regarding the 3rd Party Account, as well as the content thereof, made accessible to OurCart by applicable 3rd Party Login Service shall be deemed, to the extent retrieved by OurCart, as User Content (as defined in Section 10 below) explicitly furnished to OurCart by User under the terms herein.
5. Suitability of Services
5.1. Services are provided As-Is. OurCart cannot guarantee the suitability of the Services to your needs or the availability of any of the Services.
5.2. You are responsible to verify, prior to using the Services, their suitability to your needs, and you will have no claim against OurCart due to any mismatch of the Services.
5.3. Use of the Application or its Services on a device set to allow mobile data may lead to additional charges from your wireless service provider, depending on your network subscription.
6. Responsibility for Information
6.1. OurCart is not responsible for the information presented through the Services (the “Information”), which shall in no manner constitute advice or professional opinion of OurCart, its officers or employees, but rather reflects only the information obtained from the; and we do not represent in any way that any Information is accurate, complete or error free.
6.2. For the avoidance of doubt, Information concerning product prices is based on User Content (as defined in Section 10 below) submitted to the Services by 3rd parties, and we make no representation as to its accuracy. Such information is received from time to from Users and is updated periodically based on the latest information collected and processed by the Application.
7. EXCLUSION OF LIABILITY; LIMITATION OF LIABILITY
7.1. SUBJECT TO THE APPLICABLE LAW, WE, AS WELL AS OUR OFFICERS AND EMPLOYEES, SHALL NOT BE LIABLE TO ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHATSOEVER, INCURRED BY USER DUE TO USE OF THE SERVICES OR DUE TO THE NON-AVAILABILITY OF THE SERVICES.
7.2. WITHOUT DEROGATING FROM THE ABOVE, SHOULD ABOVE EXCLUSION BE HELD BY THE COMPETENT COURTS AS UNENFORCEABLE OR VOID, THE CUMULATIVE LIABILITY TO USER FOR ANY AND ALL CLAIMS RELATING TO USE OF THE SERVICES OR DUE TO THE NON-AVAILABILITY OF THE SERVICES, INCLUDING ANY EXPOSURE OF ACCOUNT OR 3RD PARTY ACCOUNT CONTENT OR INFORMATION, SHALL NOT EXCEED THE HIGHER OF THE TOTAL AMOUNT PAID BY USER AS CONSIDERATION FOR THE SERVICES (IF PAID) OR $100.
8. External Links
8.1. Advertisements to third party products may be presented on the Services by an external service, matching the advertisements to the content (as referred to in Section 11.6 herein below). It is clarified that OurCart has no control over the selection of the advertisements displayed, the order of their presentation or their accuracy and are not a direct party to any transaction resulting from such advertisements.
8.2. Certain adverts or Hyper-Links used in the Services may refer or direct to websites managed or owned by third parties. It is clarified that any links to such websites are supplied solely for the convenience of the User, and that OurCart did not examine these websites and do not support them or their content and can not verify their security. You are solely responsible and are required to use full caution when browsing, purchasing products, submitting information or otherwise using these websites.
8.3. It is emphasized that there is no distinction between internal links and external links, and it is your sole responsibility to verify the URL a link refers to before following it.
9. Lack of Liability for Actions of Other Users
9.1. In the course of the Services, and subject to the provisions of Section 11 below, Users may upload content of their own creation (“User Content”) to be displayed on the Services (whether in original, adapted or aggregated form), including, for example, posts, messages, or photographs.
9.2. It is clarified the process of registration and User Content upload is, fully or partially, an automatic process, processed by the Application from images of User’s receipts, thus OurCart cannot verify the identity of Users nor authenticate the identity of the uploader or the accuracy of the content uploaded, and shall not be held liable for any Information displayed in the Services emanating from User Content.
9.3. In the course of the Services, certain content, including User Content, may be rated by Services’ users or in conjunction with such users’ actions and behavior. It is clarified such rating does not represent OurCart’s opinion or impression, but rather that of the Services’ users, and User explicitly waives any claim against OurCart with respect thereof.
9.4. If User has cause to believe one person or entity is responsible for affecting the ratings of an individual User Content or profile, User is obliged to notify OurCart which reserves the right to nullify actions carried out in violation of these terms.
10. Content Uploaded by You
10.1. In addition to the terms stated under Section 2.3.5 above, User explicitly warrants and represents that uploading User’s User Content to the Services and using, commercializing or displaying such User Content by OurCart, in accordance with these terms, shall not constitute or result in violation of applicable law or regulation, including copyright or trademark infringement, violation of privacy, obscenity or slander.
10.2. User further warrants and undertakes to refrain from uploading any content which is contrary to public order; harmful to the body, rights or feelings of any person or entity; is misleading, inaccurate or untruthful.
10.3. Regardless of any provision to the contrary, by uploading User Content of photographic or cinematic nature to the Services, User explicitly assigns and transfers to OurCart any and all rights, title and interest to such User Content, waives and disclaims any and all moral rights with respect thereof (including attribution of User Content to User and preservation of its integrity) or any claim for remuneration or compensation with respect to the use, commercialization, assignment or sale of such User Content by OurCart or and third party.
10.4. User hereby grants OurCart and other Users a non-exclusive, non-revocable and non-limited license to display such User Content via the Application.
10.5. For the avoidance of doubt, User permits OurCart to edit User Content prior to or following its display so as to conform to the Services editing policies, and undertakes to comply with any such policies presented by OurCart.
10.6. Personal Information
We may collect and store any information you provide or enable us to access, whether via the device through which our Services are accessed, 3rd Party Login Services and 3rd Party Accounts, or direct communication (for example, in the process of registration to the Services, filling forms or submitting enquiries), including information which identifies or relates to you personally, such as your name, date of birth, shopping habits, location, shopping dates and locations, payment methods and so on (“Personal Information”).
– By using the Services and through uploading invoices, you may be providing us with information as to your shopping habits, including where you conduct shopping, the products you purchase and your preferred payment methods.
– When connecting to us through 3rd Party Login Services, such as Facebook Connect, you may be allowing us access to your contact information, name, date of birth, gender, location, photographs, list of friends and groups of which you are a member.
– Based on the settings of your device and should you specifically allow, you may be sharing with us your location, photographs and contacts.
Personal Information shall be used solely in order to facilitate and improve the Services as part of a crowdsourcing process, process your inquiries and respond to your requests.
– Based on information contained in invoices you uploaded, we may present other Users with product and price data;
– Based on your purchase history, we may present you with certain offers (advertisements).
We may share some or all of your Personal Information with our subsidiaries, joint ventures or other companies under a common control that we have or may have in the future, providing such party undertakes to protect your privacy in accordance with these terms.
We may also share some or all of your Personal Information with third parties assisting us with respect to the Services (including 3rd party analytic sites) subject to any such party protecting your privacy in accordance with these terms.
Otherwise, we will not disclose your Personal Information to any third party, unless:
– Required to do so as part of any legal proceedings conducted between you and us.
– Required to do so by court order.
10.7. Non-Personal Information
We collect and aggregate non-identifying information regarding your use of our Services, including, for example, the type, model, ID and location of the device through which the Services are accessed, pages browsed, search inquiries, services that interested you or which you have utilized, the type of operating system and browser you are using and its settings, your IP address, the URL you have come from and the time spent at that URL, content of Cookies set by us (as further detailed below) and your domain type and server (“Non-Personal Information”).
Note that Non-Personal Information may be aggregated separately for each specific IP or device ID. That said, the ID of your device does not contain any information regarding your identity and the same applies to IP addresses which, while identifying a device connected to the Internet and its general location, are in themselves anonymous and contain no information regarding the identity of the ultimate person using the device – such identity should be known solely to your ISP.
Moreover, IP addresses assigned by ISPs are generally (although not always) dynamic and subject to frequent change – static IP addresses are generally assigned only at subscriber’s specific request and frequently require an additional fee.
Non-Personal Information shall be used to ensure the adequate operation, improve, modify, cancel, enrich or adjust the Application, in general or to your area of interest.
We reserve the right to use and disclose Non-Personal Information (in the form collected) to third parties, including, for example, potential and actual business partners, affiliates and consultants, at our sole discretion.
11. Notice of Infringement (DMCA Takedown Policy)
11.1. If you have cause to believe any Services’ content to be in violation to the terms hereunder, in breach of intellectual property of others, or in infringement of any applicable law, we would appreciate it if you would notify us of such content via email to email@example.com, stating the violating content and the nature of violation.
11.2. Without derogating from Section 10.2, we reserve the right to deny presentation of User Content and to suspend or remove User Content, as stipulated in Section 2.4.
All rights, title and interest in and to the Application and Services, their design, source code, and content elements are held exclusively by OurCart or the content creator, as applicable, and unless explicitly permitted by OurCart, may not be subjected to any action which may be considered copyright infringement, including, without limitations, copying, transferring, selling, providing access to or otherwise using any such proprietary material outside of the specifically permitted uses herein.
13.1. The trademark “OurCart” used by us in regard with our services and products and may not be used without our explicit permission.
13.2. Any other trademarks appearing on the Services, whether currently or in the future, are the property of their respective owners, as applicable.
14. Amendment to Services and Terms of Agreement
14.1. We may make Non-substantial Changes to the services or the terms of the Agreement, at any time, without having to give prior notice.
14.2. We may make Substantial Changes to the services or the terms of the Agreement, providing adequate notice will be displayed in the webpage of this Agreement at least 7 days prior to the amendment taking effect, and providing the following conditions are met:
14.2.1. You will be entitled to terminate the agreement prior to the amendments taking effect.
14.2.2. The amendments will not affect any actions already taken by you prior to the amendments taking effect.
14.3. It is solely your responsibility to check the terms of this agreement, every once in a while, for amendments. Please note the date stated at the top of this page to see when the Agreement was last revised.
“Non-substantial Changes” shall mean any changes which are not “Substantial Changes”.
15. Waiver of Rights to Recommendations and Suggestions
In order to avoid any unpleasantness, you agree and acknowledge that in sending suggestions or comments regarding the Services (the “suggestions”) YOU WAIVE ANY AND ALL RIGHTS TO THE SUGGESTIONS AND SHALL HAVE NO CLAIM REGARDING IMPLEMENTATION OF THE SUGGESTIONS OR LACK THEREOF, TRANSFER OF THE SUGGESTIONS TO A THIRD PARTY, OR REGARDING LACK OF ANY ATTRIBUTION, ACKNOWLEDGEMENT, CREDIT, REMUNERATION, OR COMPENSATION WITH RESPECT TO ANY IMPLEMENTATION OF THE SUGGESTIONS BY US OR ANY THIRD PARTY. We will exclusively own any rights to suggestions which, at our sole decision, we have chosen to adopt.
You undertake to indemnify us for any losses or damages resulting from any 3rd party claims or complaints arising from, or in connection with your actions on the Services or breach of this Agreement.
17. Export Restrictions
The Application, is subject to the export and import licensing laws and regulations of Israel, and any amendments thereof. You may not export or re-export the Application and any part thereof directly or indirectly to any country or entity that is subject to any applicable export restrictions.
18. Governing Law and Jurisdiction
This agreement shall be construed and governed by the laws of the State of Israel. Any dispute arising from the terms of this agreement, the use or misuse of the Application or the Services shall be subject to the exclusive jurisdiction of the competent courts in the District of Tel Aviv, Israel.
Our goal is to give you a price starting point or baseline from which to make your buying decision, provide you with a recommendation on the store or stores where you can purchase your shopping list at the best prices, subject to your User settings and based on the updated information we collect from Users, and possibly provide you from time to time with additional information, recommendations and/or promotions.
Pursuant to Section 6.2 hereinabove, the prices listed in the Application and therefore our recommendations DO NOT necessarily reflect the actual cost for which an item may be purchased at any particular shop at a given time, and the accuracy of the information provided by the Application is dependent on the accuracy of the real-time information uploaded by the Users.
Hence this disclaimer.
The goal of the Application and its Services is to share the lowest price at which one could have purchased the item at a particular date in time. Shoppers should use their own discretion as to how, when, and if to buy.
Shoppers might ask themselves the following:
“Now that I know the lowest price found, is the current advertised price low, medium or high?”
“How many should I buy?”
“Should I purchase now?”
“Should I wait for a cheaper price?”
In the event that User finds a lower price on an item, we encourage User to share it with us so we can share this low price with other Users.
The data relating to pricing and sales within the Application or the Services, refers to the prices that we have become aware of through the Application.
The data in the Application does not imply that you will find these, or similar, items listed for this exact price. In fact, often you may not. In addition, our lowest price listed for any particular item will not necessarily be available on the date you visit an applicable store.
 OurCart is operated by Zollo Social Shopping Ltd.