Last Revised: August 08, 2019
GRAMSS CANNABIS LTD. (“we“, “our“, “us” or the “Company”) welcome you (the “User(s)”, or “you”) to our website [www.gramss.app] (the “Website” as further detailed below). Our Website provides information about the Company and may allow for the purchase of our products or services. The use of our Website is regulated in the terms and conditions set forth herein.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ENTER TO, CONNECT TO, ACCESS OR USE THE WEBSITE IN ANY MANNER.
The Website (and any products or services which may be purchased thereon) is available only to individuals who (a) are at least eighteen (18) years old or have otherwise reached the minimum age for using the Website in your territory; and (b) possess the legal authority to enter into these Terms and to form a binding agreement under any applicable law, or have received the required consent from their legal guardian to enter into these Terms. Therefore, you hereby represent that you possess the legal authority to enter into these Terms and to form a binding agreement under any applicable law, to use the Website in accordance with these Terms, and to fully perform your obligations hereunder. Please note that we reserve the right to request proof of age at any stage so that we can verify that minors are not using our Website.
- The WebsiteThe Company develops and offers cannabis related products and services, including, without limitation, (a) smart electronics devices for cannabis consumption and growing, and (b) an AI-based mobile application providing hyper-personalized solution for cannabis consumption, growing, retail & information (the “App”). Any products purchased on the Website will be sent to the address you have provided the Company during the payment process. You hereby acknowledge and agree that we may send you messages, emails, marketing materials or other communications that relate to your purchased items, or other products and services of the Company.
Important: In order to enjoy the services offered by our App, you may download it on your mobile device at [www.gramss.app]. These Terms apply only to your use of the Website. In order to use the App, you will be required to accept separate terms and conditions.
The Website provides general information about the Company and its products and services, including contact information, articles, blogs, and may include other videos, text, files, logos, button icons, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications materials, designs, data, the “look and feel” of the Website, algorithms, source and object code, interface, GUI, interactive features related graphics, illustrations, drawings, animations, and other features obtained from or through the Website (collectively, the “Content”).
If any specific terms apply to a product or service that you have purchased on the Website, the Company will provide you with such terms upon their delivery to you.
ANY USE AND/OR CONSUMPTION OF CANNABIS (INCLUDING RELATED PRODUCTS) BY YOU MUST BE DONE IN ACCORDANCE WITH APPLICABLE LAW. IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOU ARE PERMITTED TO USE CANNABIS (INCLUDING RELATED PRODUCTS) IN YOUR JURISDICTION, AND THAT SUCH USE COMPLIES WITH APPLICABLE LAW.
YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF CANNABIS (INCLUDING RELATED PRODUCTS), AND ASSUME FULL RESPONSIBILITY FOR ANY DIRECT OR INDIRECT DAMAGES, COSTS OR EXPENSES THAT YOU, OR OTHERS, MAY SUFFER OR INCUR IN CONNECTION THEREWITH.
CONTENT RELATED TO CANNABIS AND ITS CONSUMPTION THAT MAY BE IS DISPLAYED ON THE WEBSITE IS PROVIDED TO YOU FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE ANY MEDICAL OR OTHER PROFESSIONAL ADVICE. THE COMPANY SHALL NOT BE RESPONSIBLE FOR YOUR USE OF SUCH CONTENT AND ANY DECISIONS YOU MAKE BASED THEREON. WE STRONGLY RECOMMEND CONSULTING WITH MEDICAL PROFESSIONALS BEFORE THE CONSUMPTION OF CANNABIS.
TO THE EXTENT LEGALLY PERMISSIBLE, THE WEBSITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS. THE COMPANY AND ITS REPRESENTATIVES WILL NOT BE LIABLE FOR ANY DAMAGE OR LOSS, COST OR EXPENSE INCURRED BY YOU OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE AND/OR THE CONTENT.
- User RestrictionsThere are certain conducts that are strictly prohibited when using the Website. Please read the following restrictions carefully. Failure to comply with any of the provisions set forth herein may result (at the Company’s sole discretion) in the termination of your use of the Website or our service and may also expose you to civil and/or criminal liability.
You may not, whether by yourself or anyone on your behalf: (a) use the Website and/or the Content for any illegal, immoral, unlawful and/or unauthorized purposes; (b) use the Website and/or Content for non-personal or commercial purposes without the Company’s express prior written consent; (c) remove or disassociate, from the Content and/or the Website any restrictions and signs indicating proprietary rights of the Company or its licensors, including but not limited to any proprietary notices contained in such materials (such as ©,™, or ®); (d) interfere with or violate Users’ rights to privacy and other rights, or harvest or collect personally identifiable information about users without their express consent, whether manually or with the use of any robot, spider, crawler, any search or retrieval application, or use other manual or automatic device, process or method to access the Website and retrieve, index and/or data-mine information; (e) interfere with or disrupt the operation of the Website or the servers or networks that host it, or disobey any laws, regulations, requirements, procedures, or policies of such servers or networks; (f) impersonate any person or entity, including, but not limited to, any the Company agent or representative, falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that the Company or any its representative endorses you, your site, your business or any statement you make, or present false or inaccurate information about the Website; (g) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our infrastructure, as determined by us; (h) bypass any measures we may use to prevent or restrict access to the Website; (i) copy, modify, alter, adapt, replicate, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Content made accessible by the Company on or through the Website, or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such Content, other than as permitted under these Terms; (j) copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to the Company’s proprietary rights, including its Intellectual Property (as such term is defined below), in any way or by any means, unless expressly permitted in the Terms or under applicable laws; (k) transmit or otherwise make available in connection with the Website any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; and/or (l) infringe and/or violate any of the Terms.
- LicenseSubject to the terms hereof, Company hereby grants to you, and you accept, a personal, nonexclusive, non-commercial, non-transferable, non-sublicensable and fully revocable limited license to use the Website in accordance with the terms contained in this Agreement.
The Terms do not convey to you an interest in or to the Company’s Intellectual Property (defined below) but only a limited revocable right of use in accordance with the Terms. Nothing in the Terms constitutes a waiver of the Company’s Intellectual Property under any law.
To the extent you provide any feedbacks, comments or suggestions to the Company regarding our Website (“Feedback“), the Company shall have an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any of the Company’s current or future products, technologies or services and use such Feedback for any purpose all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed non-confidential.
Further, you warrant that your Feedback is not subject to any license terms that would purport to require the Company to comply with any additional obligations with respect to any of the Company’s current or future products, technologies or services that incorporate any Feedback.
- Intellectual Property Rights The Website, the Content, and the Company’s proprietary assets and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, service marks, copyrightable materials, and trade secrets, whether or not registered or capable of being registered (collectively, “Intellectual Property”), are owned by and/or licensed to the Company and are protected by intellectual property laws and international conventions and treaties. All rights not expressly granted to you hereunder are reserved by the Company and its licensors.
- Trademarks and Trade namesOur marks and logos and all other proprietary identifiers used by the Company in connection with the Website (“Company Trademarks”) are all trademarks and/or trade names of the Company, whether or not registered. All other trademarks, service marks, trade names and logos that may appear on the Website belong to their respective owners (“Third Party Marks”). No right, license, or interest to the Company Trademarks and the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest may be asserted by you with respect thereto and therefore you will avoid using any of those marks, except as permitted herein.
- Links to Third Party Sites Certain links provided herein permit our Users to leave the Website and enter sites or services of third parties. Those linked sites and services are provided solely as a convenience to you. These linked sites and services are not under our control. We are not responsible for the availability of such external sites or services, do not endorse them and we are not responsible or liable for any content or other information available via such linked sites and services. In addition, the Company is not responsible or liable for such linked sites and services’ privacy practices and/or any other practices. Your access to, use of and reliance upon any such sites, services and content and your dealings with such third parties are at your sole risk and expense. The Company reserves the right to terminate any link at any time. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused, by or in connection with use of or reliance on any services, content, products or other materials available on or through such linked sites or resource.
- Changes to the WebsiteThe Company reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently this Website (or any part thereof, including but not limited to the Content) without notice, at any time. In addition, you hereby acknowledge that the Content provided under this Website may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that the Company shall not be liable to you or to any third party for any modification, suspension, or discontinuance of this Website or the Content included therein. You hereby agree that the Company is not responsible for any errors or malfunctions that may occur in connection with the performing of such changes.
TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE WEBSITE AND THE CONTENT ARE PROVIDED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, AND THE COMAPNY, INCLUDING ITS VENDORS, OFFICERS, SHAREHOLDERS, SUB-CONTRACTORS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS (COLLECTIVELY, THE “COMPANY’S REPRESENTATIVES“), DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE.
THE COMPANY AND ITS REPRESENTATIVES DO NOT WARRANT (I) THAT THE USE AND OPERATION OF THE WEBSITE IS OR WILL BE SECURE, TIMELY, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERRORS, OR FREE OF VIRUSES, DEFECTS, WORMS, OTHER HARMFUL COMPONENTS OR OTHER PROGRAM LIMITATIONS, (II) THAT THE COMPANY WILL CORRECT ANY ERRORS OR DEFECTS IN THE WEBSITE, (III) THE WEBSITE WILL BE INTEROPERABLE OR COMPATIBLE WITH YOUR DEVICE, OTHER SOFTWARE, HARDWARE, OR ANY EQUIPMENT, AND THE COMPANY AND ITS REPRESENTATIVES ARE NOT RESPONSIBLE FOR ANY LOSSES SUFFERED RESULTING FROM INTEROPERABILITY OR COMPATIBILITY PROBLEMS, (IV) AND/OR MAKE ANY REPRESENTATION REGARDING THE USE, INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE WEBSITE AND/OR CONTENT AVAILABLE THEREON OR THROUGH THE WEBSITE (INCLUDING THAT THE RESULTS OF USING THE WEBSITE WILL MEET YOUR REQUIREMENTS). THE COMPANY AND ITS REPRESENTATIVES DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY OR THE QUALITY OF THE WEBSITE, AND ARE NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE RELATED TO ANY CONTENT AND INFORMATION DISPLAYED WITHIN THE WEBSITE.
WE ARE NOT RESPONSIBLE AND HAVE NO LIABILITY FOR ANY ITEM OR SERVICE PROVIDED BY ANY PERSON OR ENTITY OTHER THAN THE COMPANY.
WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR OTHERS THAT MAY RESULT FROM TECHNICAL PROBLEMS (INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION, OVERLOAD OF SERVERS, DELAYS OR INTERRUPTIONS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.
YOU AGREE THAT USE OF THE WEBSITE AND/OR THE CONTENT IS ENTIRELY AT YOUR OWN RISK.
INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
- Limitation of Liability
TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL THE COMPANY, INCLUDING ITS REPRESENTATIVES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY) (INCLUDING WITHOUT LIMITATION, LOSS OF GOODWILL, PROFITS OR DATA AND BUSINESS INTERRUPTION) ARISING HEREUNDER, RESULTING FROM OR ARISING OUT OF THE WEBSITE AND/OR THE CONTENT YOUR USE OR INABILITY TO USE THE WEBSITE AND/OR THE CONTENT AND/OR THE FAILURE OF THE WEBSITE TO PERFORM AS REPRESENTED OR EXPECTED, OR FROM THE PERFORMANCE OR FAILURE OF THE COMPANY TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF THE COMPANY OR ITS REPRESENTATIVES, BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, GUARANTEE OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER THE COMPANY (OR ITS REPRESENTATIVES) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, THE COMPANY AND ITS REPRESENTATIVES’ TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE WEBSITE OR THE CONTENT SHALL BE LIMITED TO THE HIGHER OF (I) AMOUNTS ACTUALLY PAID BY YOU TO THE COMPANY FOR THE PURCHASE OF THE APPLICABLE PRODUCT ON THE WEBSITE, OR (II) $US1.00.
INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
You agree to defend, indemnify and hold harmless the Company and its representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use, misuse of, inability to use and/or activities in connection with the Website and/or the Content; (ii) your violation of any of these Terms, or of any law which applies to your use of the Website or any product/service that you may have purchased on the Website; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party; and/or (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the Website, Content and/or any products purchased on the Website. It is hereby clarified that this defense and indemnification obligation will survive the termination or expiration of the Terms.
Without derogating from the foregoing, we reserve the right, at our expense, to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without first obtaining our prior express written approval.
- Amendments to the Terms
The Company may, at its sole discretion, change the Terms from time to time, including any other policies incorporated thereto, so please re-visit this page frequently. In case of any material change, we will make reasonable efforts to post a clear notice on the Website and/or will send you an e-mail (to the extent that you provided us with such e-mail address) regarding such change. Such material changes will take effect seven (7) days after such notice was provided on our Website or sent via e-mail, whichever is the earlier. Otherwise, all other Changes to these Terms are effective as of the stated “Last Revised” and your continued use of the Website on or after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. In the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by the law and without any prior notice.
- Termination of these Terms and the Termination of the Website’s operation
These Terms shall remain in effect until terminated as set forth herein. Your failure to comply herewith shall terminate your license and these Terms. If you object to any term hereof, as may be amended from time to time, or become dissatisfied with our service, you may terminate these Terms at any time by stopping your use thereof and this will be you sole remedy in such circumstances. The provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive. Without limiting the generality of the forgoing, the Intellectual Property, Disclaimers, Limitation of Liability, Indemnification and General sections will survive the termination of the Terms.
Additionally, the Company may at any times, at its sole discretion, cease the operation of the Website or any part thereof, temporarily or permanently, delete any information from the Website or correct, modify, amend, enhance, improve and make any other changes thereto or discontinue displaying or providing any information, content or features therein without giving any prior notice. You agree and acknowledge that the Company does not assume any responsibility with respect to, or in connection with the termination of the Website’s operation and loss of any data.
a) These Terms constitute the entire terms and conditions between you and the Company relating to the subject matter herein and supersedes all prior or contemporaneous written or oral agreements or understandings between you and the Company, (b) any claim relating to the Website or any use thereof will be governed by and interpreted in accordance with the laws of the State of Israel without reference to its conflict-of-laws principles and the United Nations Convention Relating to a Uniform Law on the International Sale of Goods may not be applied, (c) any dispute arising out of or related to the Website and/or products purchased on the Website will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the district of Tel-Aviv, Israel. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule. Notwithstanding the foregoing, the Company may seek injunctive relief in any court of competent jurisdiction, (d) these Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto, (e) any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof, (f) YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO OUR WEBSITE OR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED, (g) if any provision hereof is adjudged by any court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein, (h) you may not assign or transfer these Terms (including all rights and obligations hereunder) without our prior written consent and any attempt to do so in violation of the foregoing shall be void. We may assign or transfer these Terms without restriction or notification, (i) no amendment hereof will be binding unless in writing and signed by the Company, and (j) the parties agree that all correspondence relating to these Terms shall be written in the English language. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
- For information, questions or notification of errors, please contact:If you have any questions (or comments) concerning the Terms, you are most welcome to send us an e-mail to the support e-mail address appearing in the Website, or [firstname.lastname@example.org], and we will make an effort to reply within a reasonable timeframe.