Terms of Service
Applicable between LeadsDate and event organizers (“clients”).
1. General Provisions
1.1 Subject Matter of Contract
The client shall on basis of these terms and the offer submitted by LeadsDate receive the single, non-exclusive, non-transferable, right to use LeadsDate services on the LeadsDate platform subject to the conditions presented in these terms. The right is limited in time for the duration of the contract and locally bound to the place of business of the client.
1.2 LeadsDate Agrees to Provide the Following Service
The LeadsDate platform is a web-based communication business matchmaking platform. The platform enables business to to find and engage with each other.
2. Use of the Platform
After the providing of the access data and and receiving site login, LeadsDate then provides the client with full control over their profile. All further actions (e.g. setup of matchmaking profiles, messaging etc.) are the sole responsibility of the client. The client may only use the platform for lawful purposes and must not use the platform for any illegal activity. The client may fully indemnify LeadsDate in this respect.
3. Copyright, Right of Use
The data aggregated on the platform are qualified as a database according to Israeli Copyright Act. The software running on the platform are computer programs according to Israeli Copyright Act. The client is granted by LeadsDate for the duration of the agreement, the right to use the platform according to the Israeli Copyright Act.
3.1 Content of Websites
The website itself, the graphics, images, PDFs, and any other content is protected by copyright law. It is therefore not allowed to edit, copy, or publish such content without the explicit consent of LeadsDate or the mentioned sole owner of the copyright.
3.2 Liability Exclusion and Disclaimer
LeadsDate provides access to the platform and offers the client the possibility to publish their content on the platform. LeadsDate therefore is active as an information service provider who hosts and publishes third party content. Due to the plurality of such content, LeadsDate is neither obliged nor has the responsibility to check the content according to its factual or legal content.
The client guarantees that their content on the platform does not violate legal provisions, morality, and the rights of third parties.
The client agrees to heed the relevant legal provisions and, in particular, not to infringe on anybody’s rights to a name, trademark, or other rights and will indemnify and hold LeadsDate harmless in this respect.
3.3 Content Lock and Erasure
In case of a breach of the foregoing provision of the client LeadsDate is entitled to lock or erase client’s access data and or his other content from the platform and terminate the contract with the client immediately.
4. Change of the Platform
LeadsDate reserves the right to modify scope, contents, and functions of the LeadsDate services to maintain conformity with applicable rules and regulations as well as technical requirements and to accordingly modify or revise the services provided.
LeadsDate regularly updates the LeadsDate platform and offers its newer versions to the client. The client does not have a right to opt for the use of any older version of the platform, but shall always use the most recent version.
The agreement between LeadsDate and the client therefore applies to the use of every new version of the platform for the duration of the contract.
5. Availability of Service
The LeadsDate platform-service is provided non-stop, 365 days per year. Excepted from this are repairs which cannot be delayed as well as limitations imposed by the traffic situation or operating condition of international telecommunications services. During such times, the LeadsDate services may (e.g. due to maintenance services) not be continuously available.
6. Misuse of Service
Should the client materially breach any provisions of these terms or any statutory laws as pointed out in section 3.2, LeadsDate is entitled to temporarily or permanently lock the clients profile and or event websites as well as delete any unlawful data or information hosted on the platform. In any case, claims of LeadsDate (especially payment claims) remain unaffected. Clients are obliged to deploy adequate technical and organizational measures to prevent misuse of LeadsDate services (especially access by non-authorized persons).
Client is liable for all damages or loss of payment incurred by LeadsDate due to misuse of the platform by their employees or third parties, who’s access was enabled through client’s access data.
In the provision of its services, LeadsDate assumes no liability for the up-to-dateness, completeness, and correctness of any requested or transferred data. LeadsDate is liable neither for claims resulting from delays during its use nor for damages resulting from service interruptions resulting from unavoidable events and force majeure. LeadsDate’s liability for both gross and slight negligence is excluded. Any claim to compensation is in its amount limited to $2000.
The client takes note of the fact that LeadsDate is neither a party to nor an intermediary for any agreements between a client and Users and/or data, but merely provides the client with the necessary infrastructure for a fee. The client furthermore takes note of the fact that LeadsDate in no way assumes the role of messenger for the transferal of data, declarations of intent, or other declarations to other users. LeadsDate does not intervene in the communications between users of the platform.
The client takes note of the fact that it is not possible to develop the platform in such a way that it is free of errors under all conditions. LeadsDate provides warranty for the suitability of the LeadsDate platform as it is made available for use in accordance with the terms of this contract and with the description of the program as described in the offer.
9. Refund policy
In case of substantial deviations of the program description, LeadsDate is required to rectify these. If LeadsDate cannot rectify such deviations or avoid these in such a way, that use in accordance with the terms of this contract is made possible, within an appropriate timeframe, the client is entitled to require a reduction of the last monthly or single event charges by a maximum of 100% or terminate the contract after a notice period of no less than a month.
The client is required to render available to LeadsDate verifiable documents concerning the type and occurrence of deviations of the program description and cooperate in the confinement of errors. The errors or error messages must be capable of being reproduced.
The warranty does not cover errors caused by non- intended use of the platform. If an error detection procedure indicates that the cause of an error is within the scope of responsibilities of the client, LeadsDate is entitled to charge the client for the corresponding costs incurred at the rates currently applicable. Security information, in particular with regard to repair times, availability, measures against data loss, security measures and the storage of security measures, firewalls, measures against spam, trojans, phishing and mail bombing can be provided on request of the client.
10. Public Relation
LeadsDate retains the right to mention clients for referral purposes in publications and advertisements. This applies to print publications as well as the use on websites or presentation and the use of the name of or the identification of the client in emails or other documents.
11. Term and Termination
LeadsDate retains the right to inform users directly or indirectly affected by the blocking or deletion of client access up to two weeks before the actual blocking or deletion about the blocking or deletion of a client’s access.
Any kind of contract termination must be in writing. E-mail to the address specified in the client registration form or provided in any communication with the client is sufficient.
12. Effect of Termination
LeadsDate is not obligated to store data relating to the client.
13. Fees and Reward
For the services performed by LeadsDate on basis of this contract, the client shall pay the service charges listed for services in the offer or those published under our pricing page if not submitted with the offer.
If a client requires an amount of support (Helpdesk) that is substantially more than his pre-ordered Helpdesk package, the client shall be upgraded to the next suitable Helpdesk package.
Invoices are issued in electronic form only.
The invoice amount and any other charges shall without any deduction be booked off the bank account provided within 4 (four) weeks, days after submission of the invoice or shall be due payable in a way chosen by the client (e.g. Credit Card, PayPal) within the time period listed in this article.
If the client requires an event-fee payment functionality for participants, such payments are managed via third party websites (e.g. Credit Card, PayPal). LeadsDate is not liable for any damages or loss of payment incurred by those third party payment service linked from a LeadsDate site.
16. Special Adaption and Customization
Client-specific modifications, additions and expansions which are not mentioned in the contract are subject to further charging. The fees charged for specific adaptations are negotiated beforehand. The hourly rates charged for adaptations are 85 Euro/hour.
17. Data Protection
LeadsDate shall organize the transfer and handling of data in a way that is as secure as is currently possible. Data between participants/clients and the platform is transferred using the HTTP protocol. LeadsDate shall process personal data only in order to fulfill its obligations arising from this contract and to maintain the quality level of the platform. In doing so, it shall adhere to the provisions of the Israeli Data Protection Act. The client shall only transmit personal data to LeadsDate in relation to their user account. Beyond that, the client shall not transmit to LeadsDate any personal data. LeadsDate is a service agent to the customer according to Israeli Data Protection Act. LeadsDate is entitled to perform anonymized analysis on transmitted data for internal and external purposes. LeadsDate can informs users about topic-related upcoming matchmaking events or potential partners. Users have the right to opt out of receiving such updates at any time.
18. Law Applicable and Place of Jurisdiction
The contractual relationship is subject to Israeli law. Place of performance is Tel-Aviv. The competent court in Tel-Aviv shall have exclusive jurisdiction.