SARGD.LTD
(Formerly PASS IT FORWARD (CY) LIMITED)
Torch
Terms of Use
Last update on September 17, 2022
Welcome to www.passitforward.com website (the “Site”).
The Site serves as an entry gate to the system: ‘Pass it Forward – Torch’ - a platform for contributing to the community, through volunteering, donations, or other activities - an online meeting place between donors and donees (the “System").
The Site and the System are operated by LTD.SARGD* (" the Company" or "We").
*Address and contact information of the Company, are published on the website.
Browsing the Site and the System and any other use of them* are subject to these terms of use.
*Including inquiries to the Company for registration to the System, opening a user account in the Platform, or any other inquiries in connection with the System.
These terms of use also include a privacy policy, which is published on the Site and constitutes an integral part of these terms.
Please read these terms of use and the privacy policy (hereinafter collectively referred to as: "the Terms") carefully before you use the Site or the System, as they constitute a binding contract between you and the Company and your use of the Site or the Platform indicates your consent to them.
Please also revisit and read the Terms from time to time, given that they may be changed from time to time (We will make sure to update in title of the Terms the date of their last change).
If you do not agree to the Terms, you must refrain from using the Site or the System.
We make efforts so that the Terms are both readable and clear as well as detailed. We have also tried to highlight particularly important matters and draw attention to them. Please do not hesitate to contact us with any questions or comments in connection with the Terms, as well as in connection with the Site or the Platform, by e-mail to the address: support@passitforward.com.
Important clarifications:
The System, by its very nature (as a meeting place between donors and donees, for financial donations or for other activities), is intended for use by users of different types and from different places (both on the part of donors, such as: organizations, employees of organizations, individuals, etc., and on the part of donees, such as: associations, companies for the benefit of the public, etc. - "users" or " users of the system").
For transparency, convenience and consistency, the Terms refer to all types of users (donors, donees, organizations, users on behalf of organizations, etc.), when in cases where certain conditions are relevant only to certain types of users (for example, only to donees), this is explicitly stated. The Company reserves the right, at its discretion, to add additional terms to the Terms concerning certain users, or to replace them with other terms.
The System is intended for the use of users in different jurisdictions - from Israel and different countries. Therefore: (1) the use of the Platform, by users from different locations, may be subject to different laws which may not be excluded from applying by contract, and the Company reserves its right to add additional terms concerning users from certain countries, or to replace them with other terms and (2) the Company may publish the Terms in different languages, provided that f or users from Israel, the Hebrew version is the binding version, for users outside of Israel, the English version is the binding version .
1. The Site
1.1 The Site serves as a gateway to the System and to provide information about the Company, the System, and activities for the community.
1.2 Browsing the Site is allowed for everyone subject to the Terms. Access to the System and any use of it is permitted to registered users, adults only, holding an account (registration, account opening and account types - as detailed below) and adults, only.
1.3 The information published on the Site is for general knowledge only. It does not constitute advice, or a substitute for professional advice.
1.4 Although the Company makes efforts to ensure that the Site and the information published on it is free of defects and disruptions, the practical ability to do so is limited. The Site is offered for use AS-IS and the Company does not guarantee that it will be always available and free of defects or disruptions, and there will be no claim or demand against the Company in connection with the Site's features, limitations, capabilities, defects, availability, or suitability for your needs.
2. The System
2.1 The System is an online platform enabling contribution activities for the community, such as financial donations and other activities and it serves as an online meeting place between donors and donees, subject to the Terms.
2.2 Accessing the System is by browsing with a browser. The System supports most common browsers.
2.3 The System includes various tools for users, which allow, among other things*:
2.3.1 For donees - to advertise and communicate with donors. For donors - to communicate with donees and to donate. For users of donor organizations - to communicate with each other and work together for joint action goals.
2.3.2 For users – to receive messages from other users or from the Company.
Since the System enables communication between users (including receipt of messages), it is clarified that each user confirms his/her consent to receive messages (including messages that may constitute advertising messages) both from the Company and from other users.
2.3.3 For organizations - to manage (using Admin User, defined below) the user accounts on their behalf.
*More information about the System (including its tools and capabilities) can be found on the on the Site.
2.4 The System is under constant development and improvement, accordingly its’ tools and capabilities may be enhanced or modified.
2.5 Donations initiated from use of the System are transferred in full to the donees, and the Company does not charge a commission (or any other payment of a similar nature) for donations, financial (or other) between donors and donees.
2.6 Although the Company makes efforts that the System will be useful for its intended purposes, available at all times and as clean as possible from defects and disruptions, the practical ability to do so is limited. The System is provided AS-IS with its limitations and the Company does not guarantee that the System will be available at all times and free of defects or disruptions, and there will be no claim or demand against the Company in connection with the Platforms features, limitations, capabilities, defects, availability or suitability for your needs.
The System is a new system. It may undergo frequent changes and it may suffer from defects in a higher amount than systems that are in long use.
2.7 For the avoidance of doubt, it is clarified that the System is a technological infrastructure for communication between donors and donees . The Company does not support or encourage certain donors or donees, it does not provide or pretend to provide professional information or provide any advice (legal advice, tax advice or other) in connection with donations or any other information in connection with donors or donees.
3. Registration and user accounts opening
3.1 The use of the System requires registration (contacting the Company for registration request and Company’s approval of the registration) and opening user accounts.
3.1.1 Registration request - a request for registration can be made through the registration mechanism on the Site or by contacting the Company.
3.1.2 Opening accounts (after registration approval by the Company) - Users who are organizations will be provided with two types of accounts: 'Admin User’ account and 'user accounts' (managed by the Admin User), as detailed below.
3.2 When registering and opening accounts - it is mandatory to provide correct and complete details. Providing false information or impersonating is prohibited. Providing personal information - it is forbidden to provide personal information about others without their consent or as otherwise permitted by law. The provision of personal information is subject to the provisions of the privacy policy, which are an integral part of these Terms. Company reserves its full rights for cases of violating the Terms, including in cases of providing false information, impersonating others, or providing information about others without their consent or as otherwise permitted by law. "Law" - including guidelines and instructions of competent authority.
3.2.1 Registration of donees - associations (and other non-profit entities such as: public benefit companies, endowments, etc.), individuals and fundraisers for others, subject to Company's discretion.
3.2.1.1 Registration of donees is carried out through the registration mechanism on the Site, in accordance with the instructions published on the Site or by contacting the Company by e-mail: support@passitforward.com.
3.2.1.2 Registration of donees who are associations requires furnishing certificate of incorporation and of a bank account in Israel in the name of the association.
3.2.1.3 Registration of donees who are corporations (which are not associations) requires furnish of certificates as Company may determine from time to time and certificate of a bank account in Israel under their name.
3.2.1.4 Registration of fundraisers for others requires furnish of certificates as Company may determine from time to time.
Important clarification: in general, Company's policy is that donee will be registered associations only (subject to their approval by the Company as set in the Terms and to all other provisions of the Terms). However, Company may, at its discretion, in certain cases approve registration for donees who are not a registered association and therefore the reference is also made to these.
In any case:
Registration of donees to the System and the duration of their registration are at the sole discretion of the Company. The Company does not undertake to approve registration of any donee who wishes to register to the System. The Company does not commit to donees who have been approved for registration to be registered for a certain period of time and it is entitled, at its discretion, to suspend the registration (immediately or with up to three days prior notice) or cancel (immediately or with up to seven days prior notice) donees registration.
3.2.2 Opening user accounts for donees -
3.2.2.1 Once Company approves registration of a donee it will assign the donee with user accounts:
3.2.2.2 If the donee is an association (or other corporation) – ‘Admin User’ account (a managing account) and up to 10 user accounts (managed by the Admin User).
3.2.2.3 If the donee is an individual or an individual raising donation for others - one account will be assigned to the donee.
3.2.3 Registration of donors (organizations or individuals)
3.2.3.1 Registering donors (subject always to Company’s approval at its sole discretion) can be done by registering through the Site or by contacting the Company via e-mail to support@passitforward.com or by any other means of communication published on the Site.
3.2.3.2 Registration of donors who are organizations may involve a fee as published on the Site.
3.2.4Opening user accounts for donors -
3.2.4 If the donor is an individual – after registration one account will be assigned to the donor.
3.2.4.1 if the donor is an organization –
3.2.4.1.1 After Company’s approval of the registration, Company shall provide the donor with an Admin User account. The Admin User will set or approve opening users accounts of the donor and the viewing privileges that each user account will have (organizational, departmental, per mission etc.). Opening user accounts above a certain amount as published on the Site is subject to a fee.
3.2.4.1.2 Setting and managing users accounts including viewing privileges (organizational, departmental, per mission) is determined and handled by the Admin User. For example, an Admin User can determine that all employees of the organization can see each other or, alternatively, determine that the users of the organization can only see users of a certain department in the organization, etc .
3.3 Users are responsible for the accounts opened under their name. Each user must take care of and manage (through the Admin User) user accounts opened under their name (such as canceling accounts in cases of employee work termination, exchange of positions, etc.).
3.4 Access means to user accounts are personal. It is forbidden to transfer them to another or to give the means of access to them. In any case where there is a concern of exposure or unauthorized access, immediate action must be taken to replace the means of access and inform the Company by contacting the service center (in accordance with the contact details published on Site).
3.5 Organizations users’ access to the System from the organization's network may be monitored by the organization. In addition, an Admin User can view the activities of the organization's users in the System. Also, when a user of the system uses it in 'public' mode, other users of the organization (from the same department or from the entire organization - depending on the configuration of permissions set by the Admin User) can view and communicate with that user. Therefore, it is recommended that users who are organizations reflect the aforementioned to their users and determine, at their discretion, procedures for the conduct of their users of their behalf.
3.6 To remove any doubt, it is clarified that the registration process and the configuration of the use of the System through user accounts, are intended to optimize its use, but this does not mean that the Company assumes responsibility for its users, for their reliability and the fulfillment of their obligations according to the Terms. The Company will not be responsible for users of the System, in any circumstances including for cases of violation of the Terms, lack of transparency, fraud, or fraud on their part. The Company takes and will take reasonable measures at its discretion in order to reduce risks as mentioned and enable a meeting place for donors and donees with a reasonable level of reliability, but this does not and will not make the Company responsible for its users as mentioned. Moreover, the relationship between organizations and their users (and between their users and themselves) is in the sole responsibility of the organization. The Company does not and will not have any responsibility in connection with the aforementioned relationship. Each organization undertakes towards the Company to defend it, on its own responsibility and at its own expense, any demand or claim on behalf of any user on its behalf that comes against the Company and to indemnify the Company for any expense or cost it incurs.
4. Use of the System
4.1 The use of the System is permitted for its intended purposes and subject to the Terms only. Any other use of the System is prohibited.
4.2 Without exception to what is stated in section 4.1, any use of the System or any use in connection with the System that is illegal is prohibited, including:
4.2.1 It is prohibited to publish false, misleading or falsified advertisements in the System.
4.2.2 It is prohibited to publish covert advertisements.
4.2.3 It is prohibited to publish in the System pornographic publications or publications of an explicit sexual nature.
4.2.4 Harmful publications may not be published in the System, including but not limited to: publications that constitute a violation of the intellectual or other property rights of others, a violation of a moral right, defamation, a harmful lie or an invasion of privacy.
4.2.5 It is prohibited to publish publications encouraging crimes or civil torts, including publications that preach violence, incitement, or discrimination.
4.2.6 It is prohibited to publish in the System publications that include offensive code. 'Offensive code' - any code intended to commit computer crimes (disrupting computer operation, data disruption, intrusion into systems or information, deletion of information, etc.) or harm in any other way, including: ‘malicious’, 'harmful', 'spyware', 'viruses', 'horses' Trojans', 'ransom', covert means of recording information or scraping information, etc.
4.2.7 It is forbidden to collect personal information about users of the system (with the exception of allowed collection in cases of communication with users and only for the purposes for which the System is intended). It is forbidden to use automatic technological tools to collect information about users.
4.2.8 Harassment of users.
4.2.9 Carrying out any action intended to harm the System or its users, including to its content and its infrastructure.
4.2.10 Publishing links to web pages that include content or that encourage the performance of actions as stated in sections 4.2.1 - 4.2.9 above.
4.3 Users of the System are required to treat others with respect when using it. It is forbidden to use slanderous, curses, or offensive language, even if they are not prohibited by law.
4.4 Before publishing content from an external source in the system and especially in cases of uploading files (such as image files, video, etc.) they must be pre-scanned with up-to-date anti-virus and anti-malware software.
4.5 Undertaking and warrants of donees - without derogating what is stated in section 4.1, each donee commits to each user of the system and to the Company:
4.5.1 To publish in the System only complete, true and accurate information in connection with donations that he wishes to raise through the system.
4.5.2 use the donations received from using the System exclusively for the purposes that they published in the System and for which they received the donations.
4.5.3 Issue a receipt, invoice and any confirmation required by law to the donor for their contribution.
4.5.4 Respect the donors (including and especially employees of donating organizations) and their privacy.
4.6 Undertaking and warrants of donors - without derogating what is stated in section 4.1, each donor commits to each user of the system and to the Company:
4.6.1 To make donations to which they have committed to provide*, save that in the case of non-monetary donations (such as arriving at a certain place and performing a certain action - painting, preparing food, escorting, etc.) delay or cancellation due to circumstances beyond reasonable control will not be considered a violation.
4.6.2 Respect the donors and their privacy.
*as detailed below – it is clarified that donation payments are not made through the System but externally to it.
4.7 Company reserves its full rights towards users that will violate the Terms, and without derogating from any rights that Company may have, to suspend or permanently deny their access to the System.
To the extent that you believe that content published in the system violates the Terms – please contact (the Company) and we will handle your request as soon as possible
4.8 To remove any doubt, it is hereby clarified that the use of the System, including the publication of contents in it is done without prior approval, close supervision, filtering, editing, or censorship by the Company and the Company is not and will not be responsible for the content uploaded by users of the System or for their other uses of it.
Company may, at its sole discretion, but does not undertake to do so, perform sample checking of contents and other uses of users of the System. In addition, in cases of inquiries to the Company, Company may at its sole discretion, but does not undertake to do so, make its own inquiries including reviewing content that users have published in the System or other uses they have made of it. The Company will be entitled, at its discretion, to order users to correct or delete content posted by them, to refrain from doing a certain act, etc. or alternatively, at its discretion, to change or delete content posted by users.
4.9 Financial contributions–
4.9.1 Payments and clearing of payments are not made through the System (the way payments are made is at the sole discretion of the users).
4.9.2 The System may include references to various payment services of third parties. These are offered for convenience only and there is no obligation to use them, and it is hereby clarified:
4.9.2.1 that their use is at your sole discretion (and users may choose any other payment service or method at their discretion);
4.9.2.2 that as long as you choose to use them, their use is subject to the terms of their use as determined by the third parties providing them;
4.9.2.3 That although Company takes measures to refer to payment services of recognized and reliable third partis providers to the best of Company's reasonable knowledge, Company is not and will not have any responsibility for them and the use of their service.
4.10 Inquiries between donors and donees in connection with donations
4.10.1 As a general rule, Company is not involved and does not interfere in the relations between users, including in the relations between donors and donees in connection with donations.
4.10.2 In cases where users believe that Company's involvement perhaps may assist in connection with donations, they are invited to contact the Company by e-mail at the address: support@passitforward.com. Company, at its sole discretion, will decide whether to try and assist (when it is made clear that there is and will not be any liability on the Company whether it chose to try and assist or whether it chose not to do so).
4.11 Technical support for users
4.11.1 Company provides a technical support center for users. As long as Company has not announced otherwise, inquiries to the call center may be made by email (to the address: support@passitforward.com), in 'Chat' as published on the Site or by telephone (as published on the Site). Company will make reasonable efforts to respond to inquiries as soon as possible and no later than three working days, (but it does not guarantee that it will always do so). Company may also publish on the Site frequent support questions and their answers (but it does not guarantee to do so). Working days - unless otherwise published by Company on the Site, Sunday - Thursday between the hours of 9:00 – 18:00 Israel time.
5. Intellectual property
5.1 All intellectual property rights in the Site and the System, including: in the code and System tools, in the contents published therein (with the exception of user contents for which the provisions of sections 5.4-5.5 below shall apply) and in the names and trademarks of the Company or the System, are exclusively owned by the Company or by third parties who have allowed the Company to use it. Intellectual property rights includes: patents and patent applications, copyright, tradenames and trademarks, domain names, trade secrets, designs and any other registered, unregistered or registrable intellectual property right, existing rights or future rights, in Israel or anywhere else in the world.
5.2 Copying the Site or the System or performing of any activity that would violate Company's intellectual property rights are strictly forbidden.
5.3 It is forbidden to carry out any action that may disrupt the activity of the Site or the System or reveal information about users of the Site or the System, including but not limited to: carrying out 'attacks', uploading 'malicious code' in any way.
5.4 The intellectual property rights in the content that users upload to the System remain in their ownership or in the ownership of third parties who have allowed them to use them subject to section 5.5 below.
5.5 Every user who uploads content to the System:
5.5.1 declares and undertakes that he/she may publish the content in the System and may grant usage rights in them to other users and to the Company as specified in section 5.5.2.
5.5.2 Grants an irrevocable license, royalty (or any other consideration) free, including permission to grant sub-licenses:
5.5.2.1 To other users of the System - to use the contents, to copy the content, to edit it, to distribute it (in copies, by providing access via transmission or in any other way) in the System, or for other fair use according to applicable law, provided that credit is given to the original publisher and in cases where changes have been made, they will be indicated.
5.5.2.2 To the Company - to use the contents, copy, edit, distribute it (in copies, by providing access via transmission or in any other way) in the System or in connection with it (such as in publications, etc.), or for other fair use according to applicable law, provided that credit is given to the original publisher ( unless the publisher requests not to do so) and in cases where changes have been made, they will be indicated.
5.6 Each user allows the Company to publish, by specifying a name and/or a sign, on the website and in the system or publications in connection with it, the fact that they are a user of it.
The Company respects user rights and the rights of third parties. If you believe that certain content published on the Site or the System violates your rights, please contact the Company using one of the means of communication published on the Site and your request will be dealt with as soon as possible.
6. Limited Warranty and Limited Liability
6.1 The Site - Company's responsibility is limited to taking reasonable measures to ensure the proper operation of the Site and the correctness of the information published on it. The Company does not guarantee that the Site will be free of defects or disruptions or that the information published on it will be completely accurate and free of errors. In no case and under no conditions will the Company be responsible, in tort, in contracts, or by virtue of any other field of law, for any financial or other damage (direct, indirect, consequential or any other damage of any kind and type), expense, cost, inconvenience, mental anguish, damage to good name or reputation, etc caused as a result from the use of the Site (including the content published on it) or from the inability to use it.
6.2 The System - Company's responsibility is limited to taking reasonable measures to ensure the proper operation of the System. The Company does not guarantee that the System will be free of defects or disruptions. In no case and under no conditions will the Company be responsible (in contracts, in torts, or by virtue of any other field of law) for any financial or other damage (direct, indirect, consequential or any other damage of any kind and type), expense, cost, inconvenience, mental anguish , damage to good name or reputation, etc. caused as a result of using the System or the inability to use it.
6.3 System users and third parties - Company takes measures to reduce the risk of improper use by users of the System or by parties external to it, however, the Company is not and in no case will it be responsible (in contracts, torts, or by virtue of any other field of law) for users' use of the System (including violation of the terms of use, failure to make a contribution that users have undertaken to contribute, deception, fraud, etc. on the part of users) or for use by parties external to it (including 'attackers' and "data scrapers') and for financial or other damages caused by users of any kind and type (including direct and indirect damages, consequential, or any other damage of any kind), or for any expense, cost, inconvenience, anguish, injury to good name or reputation, etc.
6.4 External service providers that the System refers to their services (such as payment service providers that the system refers to as an option for making payments) - although Company takes reasonable measures to contract with recognized and reliable third parties, Company is not and in no case will be responsible (in contracts, in tort, or by virtue of any other field of law) to third party services, including damage resulting from the use or inability to use them.
6.5 Limited Liability. Notwithstanding the provisions of sections 6.1 - 6.4 above, if it will be determined that the Company is responsible for damage, its liability will be limited to direct and tangible damages caused to users of the System and to a amount of the higher between: NIS 100 or the usage fees actually paid to the Company by that user in the six months preceding the occurrence of damage.
7. Links
7.1 The Site and System may include links to third party websites.
7.2 The links are intended to facilitate browsing the web (Internet). Unless explicitly stated otherwise, these sites are not under the control or supervision of the Company, and it has no responsibility for them. In general: the Company is not responsible for the contents (including their correctness), or for the tools on the websites of third parties; The Company does not guarantee that the links will be correct at all times and will indeed lead to third party websites; The inclusion of links on the Site or System does not constitute a recommendation, expression of opinion, encouragement or any representation on the part of the Company in connection with third party websites to which the links lead, including the information published on them and the services provided by them.
8. Modifications to the Site, the System, the suspension, or termination of activity
8.1 Company may modify from time to time the Site and the System, including the structure, the appearance, the design, the contents, the tools and options, as well as their scope and availability, at its sole discretion. In cases where there are substantial changes that are not the result of an urgent need (repair operations, security, compliance with the law, etc.) Company will make reasonable efforts to publish an advance notice on the Site.
8.2 Company will be entitled to stop or limit the Site or the System operation, or part of them at any time, temporarily or permanently at its sole discretion. Except in cases of urgent need (repair operations, security, compliance with the law, etc.) Company will make reasonable efforts to give advance notice on the Site.
8.3 Changes, interruptions or restrictions to the Site or the System as mentioned above, may involve malfunctions or inconvenience. You will not have any claim or demand against the Company for making such changes or due to malfunctions that will occur during their execution.
8.4 If the operation of the System will by suspended for more than seven consecutive days or is completely terminated, users who have paid the Company for the use of the System will be entitled within 21 days to notify their intent to stop using the system and they will be awarded the balance of the payment fees paid by them (for the period - from the date of notification of termination of use until the future date for which they actually made payments to the Company).
9. Changing the Terms
9.1 Company reserves the right to change the Terms from time to time, at its sole discretion. Changes to the terms of use will be made by updating them, and the change will be binding from the date of the update onwards, provided that (except in cases of an urgent need (compliance with the law, etc.) or for the benefit of users), Company will make reasonable efforts to publish an advance notice on the Site.
9.2 Continued use of the Site and the System after the Terms have been updated constitutes acceptance of the updated Terms.
9.3 Except in cases of updating the Terms for the benefit of users, users who have paid for the use of the System will be entitled, within 21 days from the date of notification of the update, to notify the Company of their decision to stop using the System and they will be awarded the balance of the payment fees paid by them (for the period from the date of the notification of the termination of use until the date of the future use for which they made payments to the Company).
10. Applicable law and Jurisdiction
10.1 The Terms (including their validity, construction and performance) will be exclusively governed and construed in accordance with the laws of the state of Israel (without giving effect to conflicts of law provisions).
10.2 The competent courts in Tel Aviv will have the exclusive jurisdiction in any matter between the Company and the users in connection with the Site or the System.