Terms of Use and Purchase
Online Terms of Use and Purchase
on the website www.ecopop.co.il
(hereinafter – "the Website")
Dear Users!
Welcome to "ecopop" – the compostable, plastic-free popcorn bag.
We make every effort and invest significant resources to bring you a quality, useful, and up-to-date website. However, we are not immune to errors and mistakes.
If you encounter any problem, error, or mistake, or simply have a question or comment, please do not hesitate to contact us at: contact@ecopop.life. We promise to address every inquiry seriously.
This document constitutes the Website's terms of use and also includes the terms for online purchases from the Website. On the Website, you will also find a link to the privacy policy. The terms of use and privacy policy are a binding contract between us and you, and they apply to and bind all users of the Website. Use and browsing of the Website constitute your agreement to their contents.
If you do not agree to any part of the terms of use and/or the privacy policy – you must not use the Website or any part of it!
Violation of the provisions of the aforementioned documents may lead to blocking access to the Website, in addition to any other right we may have by law.
Happy browsing!
Below are the terms of use that constitute a binding agreement between us and you:
Definitions of Terms in the Terms of Use
In addition to any other definition in these terms of use, the following definitions shall apply:
"User" – any entity using the Website, including if registered.
"External Technical Entity" – any entity providing the Website operator with hardware and/or software products and/or services and/or a smart agent and/or website hosting and/or design in connection with the Website.
"Cancellation Fees" – including expenses or commitments due to shipping, packaging, or any other expense or commitment incurred by the operator or undertaken by the operator due to the engagement with the user, or due to its cancellation.
"Section" – a part of the Website dedicated to a specific matter. A section may have sub-sections. Unless explicitly stated otherwise, any reference in these terms of use to "the Website" shall also include any section and sub-section within it.
"Registered User" – a user who has registered to the Website and/or a section within it, including for the purpose of purchasing products.
"External Supplier" – any entity other than the operator, which advertises and/or supplies products through the Website and/or in connection with the Website.
"Website Use" – use of all and/or part of the Website.
"Content" or "Contents" – any information of any kind, including verbal, visual, audio, audiovisual content, as well as any combination thereof, and their design, processing, editing, distribution, and presentation method, including (but not limited to): any image, design, concept, photograph, illustration, animation, diagram, character, simulation, sample, video clip, audio file and musical file, software, file, computer code, application, format, protocol, database, and interface, and any character, sign, symbol, and icon, including if their source and/or uploaded to the Website by a user, as well as articles, opinions, and/or reviews, if they appear on the Website.
Introduction to Terms of Use and Interpretation
In case of ambiguity and/or interpretation, the provisions of these terms of use shall not be interpreted against the drafter.
Use of the Website constitutes the user's agreement to the terms of use.
The privacy statement is an integral part of the terms of use for all intents and purposes.
Some sections may include specific terms of use (and sometimes specific terms of use may also appear in sub-sections). Such specific terms of use shall apply concurrently and in parallel with the provisions of these terms of use. In case of conflict, the specific terms of use shall prevail. In any case, an interpretation that does not lead to a contradiction between documents and allows for the simultaneous existence of the provisions of different documents shall be preferred.
In the event that a competent legal authority determines that any part of the terms of use is void and/or illegal, this shall not derogate from the other provisions of the terms of use, and the void/illegal part shall be deemed to have been replaced by another valid term whose content is closest to the original.
The introduction and the preceding preamble are an integral part of the terms of use.
The use of masculine or plural forms is for convenience only.
The chapter headings of the terms of use are for convenience only and should not be considered binding or helpful in interpretation.
Terms of Use and Their Validity
The operator may change and/or amend and/or remove and/or add terms in the terms of use and/or part thereof.
Amended and/or revised terms of use shall be published on the Website, and a notification of the change shall appear, and they shall be binding from the moment of their publication. Without derogating from the above, users are advised to periodically review the terms of use.
User Responsibility, Smart User, and Smart Browsing
It is recommended that every user of the Website conduct market research, learn about product features, read all relevant terms and instructions carefully before making any purchase and/or engagement, and in general act cautiously and prudently.
The user is advised to adopt and implement appropriate protective measures, including antivirus systems, for any use of the Website and in general.
Use of the Website and/or reliance on its content is the full and sole responsibility of the user. The operator shall not be liable for any direct and/or indirect, financial or other damage, caused to the user and/or third parties as a result of using the Website and/or relying on the content appearing therein. The provisions of this section shall also apply if the operator foresaw or could have foreseen the damage in advance.
Permitted and Prohibited Uses of the Website
The Website is offered for use AS IS.
It is prohibited to copy and/or distribute and/or trade any parts of the Website and/or the content appearing therein, except with prior written approval from the operator.
Except with explicit written permission from the operator, it is forbidden to use the Website and/or its content outside the scope of the Website itself, and this includes prohibiting any linking to the Website and/or its content from any other website and/or by displaying it in FRAMES and/or by any means of entering the Website not through its homepage and/or in any display method that changes the design and/or content of the Website.
It is forbidden to operate software and/or mechanisms for data mining and copying content on the Website and/or its content, including ROBOTS and CRAWLERS.
It is strictly prohibited to use the Website and/or any of its parts in a manner that violates the laws of the State of Israel and/or any other law (criminal and/or civil), and/or causes any harm to any third party, including, but not limited to:
Defamation.
Harm to reputation.
Slandering any person (including a corporation).
Use for sexual and/or erotic and/or obscene purposes.
Harmful use, including through spam, viruses, Trojan horses, and other malicious software.
Infringement of any intellectual property rights.
Violation of privacy.
Obscenity.
Threats.
Insults.
Intimidation.
Harassment.
Prices and Payment Terms
Prices on the Website include VAT but do not include shipping fees. Shipping fees are stated separately.
Payment terms and/or promotions will appear near the product.
The operator may update product prices and/or shipping fees and/or payment terms and/or promotions from time to time and at its sole discretion, and these shall be binding from the moment of their publication on the Website.
The price and/or shipping fees and/or payment terms and/or promotion that will bind the operator in relation to a product shall be those in effect at the time of the actual charge.
Product Stock
The operator strives to ensure that every product offered on the Website is available in stock, unless explicitly stated that the product is out of stock or a similar message appears.
If it turns out that a product is out of stock at the time of order confirmation and/or at the time of delivery, despite being stated as available, this shall be due to an error made in good faith, and the operator shall be exempt from any obligation to the user regarding the product. In such a case, the user shall be entitled to cancel the transaction and will receive a full refund.
The user shall have no claim and/or demand and/or lawsuit against the operator for a product that is out of stock, even if that product appears on the Website as being available in stock.
Product Description and Limited Product Liability
By law, the operator is not required to provide a warranty for the product, and it is sold as is.
For best results, the product should be used according to the instructions. However, the results of use and/or the quality and/or appearance of the popped popcorn may vary from user to user depending on the type of kernels, microwave characteristics, and other factors beyond the operator's control.
It is the user's responsibility to check the products received in the order and to immediately notify the operator of any product defect for which the operator is responsible. Such defective products shall be replaced free of charge.
Limited Liability of the Operator Regarding the Website
The Website's services, its content, and any additions to these services are provided "AS IS." The operator makes no representations and shall not be liable to Website users for any matter arising from the use of the Website and/or concerning the quality of the services and/or the content on the Website and/or the availability of its services and/or the suitability of the Website and/or its content to users' expectations and/or the economic contribution (if any) of the Website and/or its content to users and/or their needs, even if it knew or should have known of such foreseen damage and/or outcome.
The operator reserves the right to refuse to engage with a user for any reason, including the right to deny a user from registering as a registered user on the Website, and to deny a user from using or continuing to use the Website, in whole or in part, and/or to cancel and/or block a user and/or cancel a registered user, immediately in any case of misuse of the Website and/or non-compliance with the terms set forth in these terms of use, without derogating from any right the operator has by law and/or agreement. The operator shall have sole, final, and absolute discretion to determine what constitutes "misuse," whether and when use of the Website constitutes a violation of these terms of use and/or any agreement and/or law, and the operator undertakes to exercise this discretion in good faith and fairness.
If and to the extent that a competent authority determines that, despite the provisions of these terms of use, the operator bears any liability in connection with the use of the Website, it is agreed that the operator's liability to the user in connection with the use of the Website shall not exceed the amount the user actually paid to the operator or was supposed to pay in connection with the product unit for which the liability arose.
The Website may contain links to other websites, Israeli or foreign, as well as advertisements for goods and/or services provided by external suppliers. The operator is not responsible for other websites and/or external suppliers in any way, including for details regarding them and/or for any publication on their behalf and/or in connection with them. To the extent that other websites and/or external suppliers advertise goods and/or services in any way, the operator does not guarantee and shall not be liable to Website users for the accuracy, reliability, quality, veracity, suitability, level, completeness, and/or any other aspect of any of the aforementioned, even if the operator foresaw and/or could have foreseen any of the aforementioned.
The presence of links to other websites and advertisements from external suppliers does not constitute a recommendation to visit any of them and/or use their services and/or purchase goods and/or services, unless explicitly stated otherwise.
The operator declares that it has not taken steps to verify the accuracy or reliability of the content included in the aforementioned other websites, or the services and/or goods and/or products offered in such advertisements and/or through such websites, or their suitability for particular users.
The operator recommends thoroughly checking any other website before browsing it and/or participating in the activities offered therein, conducting market research before any purchase, and generally acting cautiously in this regard. In any case – anyone who enters another website through a link from the Website and/or purchases goods and/or services as a result of advertisements from external suppliers that appeared on the Website, does so at their sole and full responsibility.
The operator shall not be a party to and shall not bear any responsibility for any engagement and/or transaction between a user and an external supplier. For the avoidance of doubt, any information and/or details exchanged between a user and an external supplier are the full responsibility of the user and the external supplier, and under no circumstances are they the responsibility of the operator, within its knowledge, or under its control. A user who provides such information and/or details and/or uses them – does so at their full and sole responsibility. The foregoing shall also apply to the provision of credit card numbers, bank account details, and PayPal account details, if provided.
The operator may, at its sole discretion, at any time and without prior notice, adapt and/or suspend and/or discontinue and/or modify and/or limit the Website, its services – all or part of them – including access permissions, availability of activities and services, various contents (including user content), operating hours, as well as software and/or equipment required for accessing the Website and its services. In any case, the operator shall not be liable for any damages resulting from the foregoing, even if it foresaw or could have foreseen such damages.
The operator may offer, at its sole discretion, special activities and content subject to special or different conditions that will be brought to the attention of users or some of them. It is hereby clarified that participation in the aforementioned special activities and/or exposure to special content shall be considered as agreement to the special conditions, which will be detailed as much as possible near each such special activity.
To operate the Website and provide the Website's services, the operator relies on external technical entities and uses various technological means. Although the operator strives to engage with professional and reliable technical entities and to use reasonable technological means to operate the Website, in any case the operator shall not be responsible for the quality, frequency, continuity, quality, truthfulness, suitability, completeness, service level, supply, shipping, prices, equipment level, and any possible failure and/or any other aspect regarding an external technical entity and/or its results and/or any technological means, even if the operator foresaw and/or could have foreseen the possible failure and/or the said result.
The operator shall be entitled to change the identity of the professional technical entities and/or the technological means from time to time, at its sole discretion and without any prior notice.
If, due to the termination of the operator's engagement with an external technical entity and/or due to the cessation of use of any technical means, the operator is unable to provide the Website's services – all or part of them – the operator shall be entitled to terminate the engagement with the users of that service or to cease providing the service.
For the avoidance of doubt, it is hereby declared that the operator takes reasonable steps to secure the Website and ensure its proper operation, but in any case the operator shall not be responsible for any interruption, slowdown, loss of information, theft of information, damage to computer, damage to infrastructure, interference, virus, Trojan horse, malicious software, breach, malfunction, hardware and/or software failure and/or communication lines, or any security defect, whatever their cause (hereinafter – "possible failure"), if caused to users, including their damages and/or expenses. The use of the Website and its services is at the sole responsibility of the users. The foregoing shall apply even if the operator foresaw or could have foreseen the possible failure and/or the said result.
Professional Content and Operator Recommendations
The content of the articles and recommendations, including recommendations in response to a direct user inquiry, is based on the operator's knowledge and understanding. The user acknowledges that the operator makes no representation regarding the accuracy and/or correctness and/or completeness of the content in the articles and/or recommendations. The user and/or anyone relying on the articles and/or recommendations does so at their full and sole responsibility.
It is declared that a user who expects the operator to bear responsibility for the content in an article and/or recommendation – should not receive any advice from the operator.
The response to a user's inquiry, the manner and content of the response are at the full and absolute discretion of the operator, and it does not undertake to respond to an inquiry and/or to respond fully and/or to respond within a specific timeframe.
Intellectual Property Rights on the Website and Operator Ownership of Content on the Website
All rights in the content, articles, and recommendations on the Website belong solely to the operator, and it is forbidden to use them in any way or kind without obtaining permission from the operator and without providing proper and adequate credit.
If the user is allowed to upload content to the Website, the user irrevocably transfers to the operator, without consideration, without time limit, without geographical limit, without limit on scope of use, and without any other condition, all proprietary rights in the user's content, and all without time and/or geographical limitation. Furthermore, the user declares and confirms that they do not have, will not have, and irrevocably waives in advance any right to credit and/or integrity of the work in all matters relating to user content, and does not demand any consideration for it.
The operator is careful to protect copyright and other intellectual property rights on the internet. Every user of the Website is hereby required to meticulously observe and protect these rights, as their protection is a condition for using the Website.
To the extent that a user is allowed to upload content to the Website – it is prohibited to upload content for which the user does not own all rights.
All rights on the Website, including copyrights, and including the Website name, the content stored therein, the software and auxiliary software used to operate the Website, belong to the operator, regardless of whether a rights notice was included for specific information or not, and all unless explicitly stated otherwise and/or explicitly agreed otherwise with the operator.
The operator may use software, content – including user content, if and to the extent uploaded to the Website – at its sole and free discretion, anywhere and in any manner, without any limitation, and without the need to obtain any permission or pay any consideration, including to sell, transfer, copy, modify, process, change format, use, display, and perform publicly, and grant licenses in the aforementioned content or parts thereof, in any existing and/or future media. Any consideration and/or benefit received in connection with activity on the Website, including commercial and including that received in connection with Website content and/or in connection with user content, shall belong solely to the operator, and under no circumstances to the user.
User Commitments and Declarations
The user acknowledges that, in addition to the declarations and commitments below, these terms of use contain additional declarations and commitments binding on the user.
Without derogating from the user's declarations and commitments elsewhere in these terms of use, the user declares, confirms, and undertakes as follows:
The user is authorized to engage with the operator according to the provisions of these terms of use and all applicable law.
To fully comply with the terms of use and all legal provisions within the scope of using the Website.
To the extent that the user is allowed to upload content to the Website – to upload only content for which the user owns all rights. Furthermore, the user irrevocably transfers to the operator, without consideration, without time limit, without geographical limit, without limit on scope of use, and without any other condition, all proprietary rights, including copyrights, in all content that the user uploads to the Website, and waives and does not assert the moral right, if any, in user content.
That they are aware that content appearing on the Website is exposed and/or may be exposed to other users, without prior notice, and therefore the user bears full responsibility to act with caution and discretion before uploading any type of content to the Website.
That any information provided for registration on the Website and/or as required anywhere on the Website, including for registration as a registered user, and this includes credit card data and any other information requested from them, if any, will be correct, accurate, complete, true to reality, and not misleading. The user will update the operator in case of any change in any other relevant information about the user. The foregoing shall also apply in case of registration to the Website through a third party (such as Facebook and/or Google).
That they are aware that the personal details provided by them to the operator, if any, will be stored subject to the provisions of all applicable law. The operator may store and use data regarding users, including contact methods and any other details provided by third-party websites through which a user registers to the Website (such as Facebook and/or Google).
That they agree that a link to their profile on Facebook and/or Google and/or any other social network that the operator decides on from time to time will appear near the content they published.
That they are aware that a user who provides information and details about themselves to external suppliers does so of their own free will and at their full responsibility, and the operator makes no representation and/or commitment regarding how these will be stored and/or secured, if at all.
That they are aware that information and/or details provided to an external supplier may also reach parties that the user does not wish them to reach.
That registration as a registered user of the Website constitutes consent to be included in the Website's database. The database will be used by the operator to provide services to the user, including sending messages, updates, and advertisements to the user. Deletion of user details from the database will be done at the user's request, which should be directed to the operator according to the details in these terms of use. @Note: This section does NOT (!) exempt from the provisions of the law regarding spam and the approvals required for sending promotional mail to the user.
That the user alone will be responsible for any damage caused to them and/or to any third party as a result of reliance on the content on the Website and/or use of the Website, and that they are aware that the operator will not be liable for any direct and/or indirect, financial or other damage, caused to the user and/or third parties as a result of using the Website and/or relying on the content appearing therein. The provisions of this section shall also apply if the operator foresaw or could have foreseen the damage in advance.
That they agree that the operator may provide user details to third parties if required by any law and/or if the operator faces a threat of legal action (criminal or civil) against it due to the user's acts and/or omissions.
That they agree that the operator will use user details to improve the Website's services.
That they will keep their password confidential, if provided to them, and will be responsible for any use made of the password, even if done without authorization. The operator will not bear any responsibility for damages caused as a result of unauthorized use.
That they are aware that the operator does not provide any equipment and/or infrastructure required for internet access and for receiving Website services, including terminal equipment, modems, and internet access software.
Not to copy and/or distribute and/or trade any parts of the Website and/or the content appearing therein, except with prior written approval from the operator.
Not to use the Website's services and/or the content appearing therein outside the permitted scope on the Website, and not to copy and/or duplicate and/or download the Website and/or its content.
Selling Advertising Space
The operator may from time to time offer, as part of the Website's services, for consideration and/or without consideration, advertising spaces on the Website, all at the operator's sole discretion and under conditions that it determines from time to time.
Purchases via Credit Card or Online Payment Mechanisms or by Phone Transaction
Only users over the age of 18 are allowed to purchase products on the Website.
A user making a purchase via credit card and/or PayPal account and/or any other payment mechanism declares that they are the owner of the card and/or account, and confirms that there is no legal and/or contractual impediment to completing the purchase.
The user declares and confirms that they are aware that a condition for purchase is the entry of the required details during the purchase, and that these details are complete, correct, accurate, and correspond to reality.
Purchases from the Website using the PayPal system and/or another online payment mechanism are subject to compliance with all terms and requirements of PayPal and/or the entity providing the online payment mechanism services, as well as a valid agreement between them and the operator that allows the operator to receive payment for products sold to the user.
A user may choose to pay by phone, in which case the user must contact the operator's customer service by phone using the details provided during the order process. All provisions of these terms and conditions shall apply to a telephonic transaction with the necessary changes.
An order for which the user chose to pay by phone and which was not paid within 48 hours from the time of the order will be canceled.
Approval from the credit card company and/or any online payment mechanism and actual debiting of the customer will be a condition for the operator to begin processing the order. In the absence of approval and/or debit, the order will be considered null and void.
Continuous Use and Disconnection from Website Services
The operator shall be entitled to delete a registered user who does not use their account for 180 consecutive days, all without prior notice.
A user wishing to disconnect from the website's services can do so online within their personal area, or by contacting the operator using the details provided below.
Product Purchase, Delivery Times and Transaction Cancellation
Next to each product sold on the website, information regarding that product will appear, including shipping fees and delivery times. In any case where a user believes the information is incomplete and/or incorrect and/or inaccurate and/or not to the user's liking for any reason, they should not purchase the product.
Delivery is not carried out directly by the operator, but by postal services and/or a courier/transport company. Therefore, delivery times are estimated. In cases where different products are ordered in the same shipment, the products will be delivered according to the delivery time set for the products with the longest delivery time.
The operator performs deliveries throughout the country, except for settlements listed in the following link: ___________________________.
For transaction cancellation instructions, see -> here.
From August 28, 2016
Amendment No. 47
State Records 5776 No. 2569 dated July 28, 2016, page 1094 (Bill 635)
Addition of Section 14c1
Rectification of Breach
The operator hereby declares that it makes an effort to act in accordance with the provisions of all laws.
Nevertheless, if and insofar as it becomes clear that the operator's actions and/or omissions do not comply with the provisions of any law as stated and/or with what is stated in these terms and conditions, the user shall notify the operator immediately and in writing, and shall give the operator at least 14 business days to rectify the breach. Contact methods for the operator are detailed at the end of these terms and conditions.
The user waives any remedy due to him for any breach by the operator, unless the operator has not rectified the breach within 14 business days from the date he actually received written notice of the breach.
Compensation to the Operator for Breach of these Terms and Conditions
The user hereby undertakes to compensate and indemnify the operator immediately upon first demand for any damage, loss, loss of profit, damage to reputation, damage to goodwill, payment and expense incurred by the operator in connection with browsing the website and/or the user's use of the website's services and/or in connection with the breach of what is stated in these terms and conditions and/or any other agreement between the operator and the user, including legal expenses, attorney's fees and fines, all with interest and linkage as required by law. For the avoidance of doubt, the provisions of this section also apply to any claim and/or demand and/or lawsuit by a third party against the operator.
If the operator is sued in connection with a breach of these terms and conditions by a user, it reserves the right to manage its own defense in the proceedings brought against it, and the user undertakes to cooperate fully with the operator in any such legal proceeding.
The user's obligations to compensate and indemnify the operator as stated in these terms and conditions shall remain in effect even after the cessation of browsing and/or cessation of use of the website, provided that the cause of the compensation and/or indemnity is related to browsing the website and/or using the website.
Miscellaneous and Jurisdiction
The operator alone shall be entitled to assign, transfer or pledge its rights (including its right to receive payment from users) and/or its obligations under these terms and conditions to any third party of its choice and without any need to obtain the user's consent, in advance and/or retrospectively. Should the operator do so, it guarantees that the user's rights under these terms and conditions will not be prejudiced.
These terms and conditions and any dispute arising from or related to the use of the website and/or its content and/or user content shall be governed exclusively by the laws of the State of Israel. Any matter arising from and/or related to the use of the website and/or the content displayed therein and/or user content and/or these terms and conditions shall be heard exclusively by the competent court in the Central District.
These terms and conditions, which constitute a binding agreement between the operator and the user as stated, exhaust the agreements between the parties and supersede any representation and/or undertaking and/or agreement given in writing and/or orally by any of the parties.
No waiver, concession, abstention or delay by the operator in exercising its rights under these terms and conditions shall be construed as a waiver or estoppel unless made in writing. If and insofar as the operator performs any checking of user content and/or deletes user content in any way, whether from time to time or permanently, this shall not obligate the operator to continue checking and/or deleting any other content.
The operator shall be entitled to send various notices to the user in one of the following ways, at the operator's discretion: (1) via a general information window on the website; (2) via email to the user's email address as provided by him; (3) phone call; (4) SMS message; (5) fax message; (6) registered mail letter.
All notices sent to the operator shall be deemed to have been received on the next business day after the date on which they were actually received (provided that the user has proof of actual receipt). In the case of notices sent to the user via the website, these shall be deemed to have been delivered at the time of the first use of the website's services after the message was sent.
Notices to the operator can be sent to the addresses listed on the Contact Us page – here.