Welcome to https://pictobrix.com/ (the “Website”). The Website is owned and operated by PIC TO BRIX ]PIC TO BRIX LTD[ a company incorporated under the laws of the state of Israel with a registered address at Hayasmin 14 street, Yoqneam Ellit, Israel, postal code 2064607 (the “Company”, “we”, “our”).
Please carefully read the following terms and conditions (the “Terms”), which constitute a binding agreement between you (“You”, “Customer”) and the Company. The Terms define your rights and responsibilities regarding orders made via the Website only. If you have purchased a PIC TO BRIX product from a reseller or any third party, please review the terms governing your transaction with said third party.
These Terms are an integral part of any additional terms or policies that apply between you and the Company, such as our Privacy Policy [LINK].
By accessing or using the Website or purchasing products offered for sale on our Website you signify your acceptance of these Terms. If you do not agree to these Terms, you may not access the Website or use it in any manner.
The Website offers you to convert a selected photo or image into PIC TO BRIX image made of little bricks that together create your designed image. You can then display the image you have created in your house, office etc.
After you complete the order process, we will send you the image you have designed together with precise and easy to follow instructions on how to build it. You can build it on your own or with your friends and family and create your unique PIC TO BRIX image (the “Product”).
When making an order via the Website, you will be asked to upload the image you wish to convert into a PIC TO BRIX image and choose the size and form you would like to have. After you finish designing your selected image, an illustration of how the image you designed is expected to look like will be available on the Website. To complete the purchase order, you will be asked to provide personal information such as your contact, billing and shipping information as specified in the Privacy Policy [insert link]. You have no legal obligation to provide us with those details. However, if you choose not to provide such details, we will not be able to process your order and provide the Products to you.
You are solely responsible for ensuring that all required information is provided in a correct, up to-date and accurate manner. The Company is not responsible for any issues that may occur as a result of providing inaccurate details. In the event that the products are returned to the company due to incorrect details, you will be charged for the shipping and handling fees.
The Company will use your information only in accordance with these Terms and the Privacy Policy [add URL] of the Website, which is an integral part of these Terms and the additional binding documents.
BY SUBMITTING YOUR CONTACT INFORMATION, YOU PROVIDE US WITH YOUR EXPRESS CONSENT TO RECEIVE COMMERCIAL MESSAGES FROM THE COMPANY OR OTHERS ON ITS BEHALF. AT ANY TIME, YOU MAY WITHDRAW YOUR CONSENT AND NOTIFY US THAT YOU REFUSE TO RECEIVE COMMERCIAL MESSAGES, ALTOGETHER OR OF SPECIFIC KIND, BY SENDING A NOTICE OF CONSENT WITHDRAWAL. THE CHANNELS THROUGH WHICH YOU MAY SEND SUCH NOTICE WILL BE DETAILED IN THE COMMERCIAL MESSAGES SENT TO YOU BY THE COMPANY OR OTHERS ON ITS BEHALF.
If this is the first time you are ordering products through the Website, the Company may ask you to choose a username and password and enter them in the space provided on the Website. In the future, if you wish to make additional orders from us, we will identify you by the username and password you have chosen which will make the order process much faster and easier. You can update your personal details or password, on the “Personal Account Properties” [insert the right page name and link] page on the Website at any time.
You must keep your username and password completely confidential to prevent abuse of your account on the Website. Be sure to change the password as often as possible and in any case at least once every three months.
The Products and features displayed on the Website and offered on the Website are at Company’s sole discretion. Company may update the Products and features, replace them, cease their offering, add or remove sizes and/or colors, etc.
Prices. Upon completing the order and providing us with your shipping address, you will be presented with the total price of your order in local currency (ILS, Dollars, Euro). The company may update the prices of the Products on the Website and the shipping rates without being required to provide prior notice of such changes. The binding and final price is the price presented to you at the time of completing the order.
Cancellation of a transaction made via the Website shall be made in accordance with the provisions of any applicable law, including the Israeli Consumer Protection Law, 1981, and the Israeli Consumer Protection (Cancellation of Transactions) Regulations, 2010, and in accordance with the Company’s Cancellation policy, according to which you may cancel your order within 14 days from the later of the day of completing the order or of receiving notice of receipt of your order. In any case of conflict between the provisions of the applicable law and regulations and the cancellation policy the provisions of the law and regulations shall prevail.
The Company reserves the right to change its Cancellation and Return Policy from time to time. Any modification in the Cancellation and Return Policy will take effect seven (7) days after its publication on the Website. By registering to the Website and continuing to use the Website you confirm and accept the most up-to-date Cancellation and Return Policy as published on the Website.
If you have purchased a PIC TO BRIX Product from a reseller or any third party other and wish to cancel a transaction that you have made with such third party, you must contact the third party directly. Cancellation of the transaction will be subject to the terms of cancellation of the third party with whom you made the transaction with. The Company will have no responsibility for transactions made not via the Website and/or with any third party.
The Website is intended for users who are at least 18 years old. By using the Website and/or ordering Products through the Website, you warrant that you are at least 18 years old. We may request, at any time, additional information in order to confirm your age. If we find that you are under the minimum age, we may cancel orders you have placed via the Website.
The following terms define the acceptable use of the Website. You agree to abide by all applicable laws when using the Website. You further agree that you are solely responsible for all acts or omissions associated with the access and use of the Website.
While using the Website, you agree to refrain from –
WE MAY EMPLOY TECHNOLOGICAL MEASURES TO DETECT AND PREVENT FRAUDULENT OR ABUSIVE USE OF THE WEBSITE.
You may use the Product for your personal internal use only. You may not use the Product for any commercial purpose. You may not use the Product in any way to develop, or create, or permit others to develop or create, a product or service similar or competitive to the Product.
Links
The Website may contain links to content published on other websites or external sources, provided by third parties. We do not operate or monitor these websites and content. You may find these websites or the information and content posted in them, not compatible with your requirements, or you may object to their content, find it to be annoying, improper, unlawful or immoral.
By linking to a particular website, we do not endorse, or sponsor its content, or confirm its accuracy, credibility, authenticity, reliability, validity, integrity, or legality. We assume no responsibility or liability for such third-party websites or content, or their availability, or for any transactions made between you and such third-party websites.
The Company respects your privacy. Click here [provide link] to read our current privacy policy.
All intellectual property rights associated with the Website and its content, including copyrights, trademarks, trade names, patents, trade secrets, work methods and processes, and any other right, are the sole property of the Company, or its third party licensors. These rights apply, among others, to information, articles, images, content, graphic design, data and its processing, the Website’s computer code and any other element concerning its operation.
It is forbidden to copy, duplicate, distribute, sell, make available, market or translate any information, including trademarks, images, pictures, texts and computer code from the Website, without the Company’s explicit prior and written consent.
Trademarks on the Website (whether registered or not), the “PIC TO BRIX” name as well as the Website’s domain name – are the sole property of the Company, or respective third party owners. It is forbidden to use them without the Company’s, or their respective third-party licensors’, prior and written consent.
WE DO NOT CLAIM OWNERSHIP OVER YOUR IMAGES AND THE FINAL VERSION OF THE PRODUCT YOU DESIGN AND PURCHASE. However, you hereby grants the Company a worldwide, non-exclusive, non-transferable, royalty-free and free of charge, license, to use the images you designed via the Website on the Company’s Website and on other online or offline marketing materials relating to the services and Products offered by the Company.
The Company may, from time to time, change the Website’s structure, layout, design or display, as well as the scope and availability of the information, Products, and content therein – all without prior notice. Changes of this type by their very nature may result in glitches or cause inconvenience of some kind. You will have no plea, claim or demand whatsoever against the Company ensuing from the introduction of aforesaid changes, from glitches or any kind of failure resulting from their introduction.
The Company may at any time, in its sole discretion, temporarily or permanently discontinue or suspend the operation of the Website and the Website’s business, or any part thereof. The Company is not obligated to give any notice prior to such discontinuation or suspension, and these Terms, as well as any additional terms and policies. Such discontinuation or suspension will not affect orders you have placed prior to the discontinuation or suspension.
In addition to any remedies that may be available to us under any applicable law, we may temporarily or permanently deny, limit, suspend, or terminate your order or your use of the Website, if we have reason to believe that –
You have breached these Terms;
The Company may change these Terms from time to time. We will notify you of the changes by posting them on our Website or by some other means of notification. Your continued use of the Services after the effective date of the amended Terms have been brought to your attention constitutes your consent to the amended Terms. Changes in the Terms will not apply retroactively to Products purchased prior to the effective date of the amendments.
OTHER THAN THE WARRANTIES SPECIFICALLY SET OUT IN ANY NON-WAIVABLE WARRANTIES PURSUANT TO MANDATORY LAW, THE WEBSITE, ITS CONTENT AND THE PRODUCTS ARE PROVIDED HEREUNDER “AS IS”, “WITH ALL FAULTS” AND WITHOUT WARRANTY OF ANY OTHER KIND.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, AND GUARANTEES WITH RESPECT THE WEBSITE, ITS CONTENT, PRODUCTS, AND PRODUCT DESCRIPTIONS WHETHER EXPRESS OR IMPLIED, ARISING BY COMMON LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, SAFETY, COMPATIBILITY, PERFORMANCE, SECURITY AND DATA SECURITY, ACCURACY, TITLE OR NONINFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING, WITHOUT LIMITATION, STATEMENTS REGARDING SUITABILITY FOR USE OR PERFORMANCE OF THE WEBSITE, ITS CONTENT OR THE PRODUCTS, WHETHER MADE BY THE COMPANY, A REPRESENTATIVE OR OTHERWISE, SHALL BE DEEMED TO BE A WARRANTY BY US FOR ANY PURPOSE, OR GIVE RISE TO ANY LIABILITY OF THE COMPANY WHATSOEVER. YOU AGREE AND ACKNOWLEDGE THAT USE OF THE WEBSITE, AND ITS CONTENT ARE ENTIRELY, OR TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY, AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS, SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY SIMILAR DAMAGE OR LOSS (INCLUDING LOSS OF PROFIT, LOSS OF DATA OR LOSS OF PRODUCT CREDITS OR LOYALTY CREDITS), COSTS, EXPENSES AND PAYMENTS, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR IN ANY OTHER FORM OR THEORY OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE WEBSITE, ITS CONTENT, THE PRODUCTS, OR ANY OTHER ASPECT OF THESE TERMS, EVEN IF THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY’S TOTAL AND AGGREGATE LIABILITY TO YOU FOR ANY DAMAGE, LOSS OR CAUSES OF ACTION (WHETHER IN TORT, CONTRACT, OR IN ANY OTHER FORM OR THEORY OF LIABILITY), IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID TO THE COMPANY IN THE 3 MONTHS PRECEDING THE EVENT PURPORTEDLY GIVING RISE TO THE DAMAGE, LOSS OR CAUSE OF ACTION. NOTHING IN THESE TERMS SHALL LIMITS OUR LABILITY UNDER LAW RESULTING FROM OUR WILLFUL MISCONDUCT, FRAUD, BODILY INJURY OR OTHER HARM BY AN UNSAFE PRODUCTS.
IF YOU ARE A CONSUMER THEN NOTHING IN THESE TERMS, AND IN ANY OTHER TERMS SUCH AS OUR PRIVACY POLICY, SHALL LIMIT ANY CONSUMER’S LEGAL RIGHTS. YOUR STATUTORY RIGHTS AS A CONSUMER CANNOT BE CHANGED BY THESE TERMS.
You agree to indemnify and hold the Company, its managers, directors, shareholders, employees, sub-contractors, agents and anyone acting on their behalf, harmless in respect of any claim, demand, damage, loss, loss of profit, payment, settlements or expense they incur (including attorney’s fees and legal expenses) in connection with your breach of the Terms, or your violation of any right of a third party in connection with the Website or the Products.
These Terms, and any dispute, claim or controversy between you and us regarding the Products or the Website (a “Dispute”), shall be governed by the laws of the state of Israel without regard to any conflict of law’s provisions. Any Dispute shall be adjudicated under the exclusive jurisdiction of the applicable courts in Tel Aviv, Israel.
Notwithstanding anything to the contrary in this section, the Company may lodge a claim against you: (a) pursuant to the indemnification clause above, in any court adjudicating a third party claim against us; and (b) in connection with the infringement (or alleged infringement) of any Company intellectual property right, in any court of competent jurisdiction having personal jurisdiction over you.
Interpretation. Whenever used in the Terms, the term “Including”, whether capitalized or not, means without limitation to the preceding phrase. All examples and all “i.e.” and “such as” notations, indicate an illustration, by way of example only, of the preceding phrase, without limiting its generality.
The section headings in the Terms are included for convenience only and shall take no part in the interpretation or construing of the Terms.
Entire Agreement. These Terms, including the additional documents referenced explicitly herein, constitute the entire agreement between you and us concerning the subject matter herein, and supersede all prior and contemporaneous negotiations and oral representations, agreements and statements.
Severability. If any provision of the Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law, to reflect, as closely as possible, the original intention of that provision, and the remaining provisions of the Terms shall continue to remain in full force and effect.
Modifications. These Terms may only be modified by written amendment.
No Waiver. Failure on our part to demand performance of any provision in the Terms shall not constitute a waiver of any of our rights under the Terms.
Assignment. You may not assign, transfer or delegate your rights or obligations under the Terms without our prior written consent. Any attempted or actual assignment, transfer or delegation by you, without our prior consent, shall be null and void. Where necessary due to a merger, acquisition, change of control or the sale of all or substantially all of the Company’s equity or assets, Company may, upon notice to you, assign, transfer and delegate these Terms, in their entirety, including all of its rights, performance, duties, liabilities and obligations contained herein. With such assignment, transfer and delegation, Company is irrevocably released from all its duties, liabilities and obligations herein.
Survival. The following sections shall survive termination of these Terms: Intellectual Property, Disclaimers and Limitation of Liability, Indemnification and Applicable Law and Jurisdiction.
Last Updated: 20, September, 2020.
