TERMS OF USE

[Recently Updated: February 2022]

These Terms of Use (“Terms”) govern your relationship with Tigapo Inc. (“Tigapo”) a part of Nayax Group (collectively “Company” or “we”) and set forth the terms and conditions under which we makes available this website (“Site”), to each person accessing or using the Site (the “User” or “you”), all as specified herein.

Our Privacy Policy, available here is an integral part of these Terms, and shall apply to any use of the Site. To learn more about how we collect and use personal data in relation to the Site, please visit our Privacy Policy.

Please read these Terms carefully and visit this page regularly for updates and changes.

If you do not agree to be bound by these Terms, you should discontinue any use of the Site.

Please note that if you are a customer of Tigapo, accessing any of our services through the Site (for example a customers’ dashboard or personal account), such use is also governed by additional terms of service applicable to our customers, as specified therein. Further, if you are a user using our app or other services provided by us in connection with coin operated machines, please review our user terms of service . “Nayax Group” refers to Nayax Ltd. affiliated companies.

Acceptance of Terms:

These Terms and the Privacy Policy incorporated herein by reference and any other legal terms and conditions which may be presented on the Site or in a designated online form, are part of these Terms and are an enforceable binding contract between you and the Company. By accessing our Site, you hereby represent that you have read these Terms and agree to be bound by them. If you do not agree to these Terms, please do not access or use our Site in any manner. 

Updates and Amendments

We may, at our discretion, update or amend these Terms, at any time. Any amendments shall be effective upon publication of the revised Terms. The last revision will be reflected in the “Recently Updated” heading. In the event of what we believe is a material amendment, we will make best efforts to provide applicable notification. Please review these Terms periodically. 

General

The Site provides visitors with general information related to the Company’s services and products, such as webinars. The Site also includes a contact form which you can use to contact us.

Through the Site, customers may also be able to access and use certain services, by entering into a designated account or dashboard, providing various management tools. As stated above, the customer terms of service shall apply to your use of such dashboard.
The Company reserves the right at any time and from time to time, without being obligated to provide prior notice, to modify, suspend, or discontinue, temporarily or permanently, the Site or any part thereof, or User’s access thereto, at its sole discretion. You will have no claim, complaint or demand against the Company for applying such changes or for failures incidental to such changes.

Please note that third party content and links to third party sites or services may appear on the Site from time to time. We do not endorse such content, nor do such content represent any recommendation provided by us.

By submitting information through the Site you warrant that any information provided by you is complete, truthful and accurate in all respects. 

Use Restrictions

In connection with your use of the Site, and without limiting any other obligations under these Terms or applicable law, you shall not, and shall not permit others to:

You undertake and agree that you will not upload, post, email, distribute, share, communicate, transmit or otherwise make available through the Site any content:

Please note that, your failure to comply with the restrictions detailed above may result in the termination of your access to the Site and may also expose you to civil and criminal liability.

Intellectual Property Rights

Content and information provided on and through the Site, including, without limitation, any of our logos, trademarks, graphics, designs, information, texts, images, data and other material displayed, available or present through the Site, are the copyrighted and/or trademarked work of the Company or its licensors. Use of the Site does not grant any rights and/or any license whatsoever to intellectual property of the Company or that of third parties.

Tigapo, including any logo or design thereof, is the copyrighted and/or trademarked work of the Company. You may not use Tigapo’s trademarks for any purpose without first obtaining the Company’s written consent.

The Company is, and shall remain at all times, the sole and exclusive owner of any and all rights, interests and title in the Site, its code, and any underlying intellectual property rights and know-how associated therewith or with any part thereto, including intellectual property rights used or embodied in or in connection therewith. Nothing in these Terms shall prohibit the Company in any manner from using, developing, marketing, licensing, or otherwise disposing of the Site, or concepts, software or code embodied therein anywhere in the world; nor shall anything herein be construed to grant to the User any rights in or to any present or future products of the Company, whether or not similar to the Site. 

Privacy Policy

We respect privacy rights and committed to protect information shared with us or otherwise collected by us through this Site. Our privacy and data protection practices and the type of information collected are described in our Privacy Policy available at: Privacy Policy, which forms an integral part of these Terms. 

Eligibility

In order to use our Site you must be at least 13 years old (or above the age for providing consent in your jurisdiction), and of legal competence to enter into these Terms. You further warrant that you are eligible to enter into these Terms and that you are not prohibited by any competent authority, judicial order or law from entering into any agreement; you have all proper authorizations, including if you are acting on behalf of a corporation, to enter into these Terms. 

Availability & Changes of Our Site

We reserve the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently the Site (or any part thereof, including but not limited to the content therein) without notice, at any time. We do not warrant or guarantee that the Site will operate or be available at all times without disruption or interruption, or that it will be error-free 

Disclaimer of Warranties

User assumes full, exclusive and sole responsibility for the use of and reliance on the Site, and acknowledges that any use of or reliance on the Site is made entirely at the User’s own risk.

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, THE INABILITY TO USE, OR THE RESULTS OF THE USE OF OUR SITE. THE SITE AND CONTENT THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. FURTHER WE DO NOT WARRANT THAT THE OPERATION OF THE SITE IS OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR OTHER PROGRAM LIMITATIONS. WE MAKE NO REPRESENTATION OR WARRANTIES THAT THE SITE OR THE CONTENT ARE OR WILL BE AVAILABLE FOR USE IN ANY PARTICULAR LOCATION OR AT SPECIFIC TIME. FURTHERMORE, WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE. THE USE OF THE SITE AND CONTENT TEHREIN IS AT YOUR OWN RISK AND RESPONSIBILITY. APPLICABLE LAWS MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO TO THAT EXTENT CERTAIN EXCLUSIONS SET FORTH HEREIN MAY NOT APPLY.

Limitation of Liability

 IN NO EVENT SHALL WE, INCLUDING OUR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTIONS RESULTING FROM OR ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE, WHETHER BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

Indemnification

You will defend, indemnify and hold us harmless from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including attorney’s fees) arising from your breach of these Terms. 

Dispute Resolution

Any dispute arising in connection with this Site And these Terms shall be exclusively governed by and construed in accordance with the laws of the State of Israel. You agree that all such disputes shall be brought exclusively in the competent courts in Tel Aviv, Israel, and you hereby irrevocably submit to the personal jurisdiction of the competent courts in Tel Aviv, Israel. 

Miscellaneous

These Terms constitutes the entire understanding between the parties relating to the subject matter herein. In the event any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. 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. You may not assign, sublicense or otherwise transfer any or all of your rights or obligations under these Terms without our prior express written consent. You agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.