1. In this agreement the following terms shall have the following meaning:
1.1 JOA KAVEL INTERNATIONAL 2012 LTD – a limited liability company incorporated under the laws of the State of Israel under company registration number 514777218 and the owner and operator of the Web Site, KavKom mobile device applications and of the Services provided therein.
1.2 User – a natural person, a corporation, anyone on their behalf and anyone with apparent authority to represent them. For simplicity and clarity, use will be referred to in the Agreement as “you”.
1.3 Party – either KavKom or yourself.
1.4 Parties – KavKom and yourself.
1.5 Web Site – https://www.kavkom.com, https://www.kavkom.tn, https://www.kavkom.fr, https://www.kavkom.co.il
1.6 App – KavKom application for mobile devices.
1.7 The Services – any of the services offered in the website or in the App.
1.8 Agreement – KavKom user agreement posed in the Web Site.
2. You confirm that you have read, understood and accepted this Agreement.
3. You conform that you are at least eighteen years old if you are a natural person.
4. For a corporation – You conform that you are duly incorporated and existing. If you are a corporation then you and the person accepting the terms of this Agreement on your behalf both confirm that you are signing and accepting this Agreement in compliance with any law and corporate formality.
5. You confirm that there is no legal, financial or other reason that would prevent or hinder you from executing and complying with this Agreement.
6. KavKom makes no promises or warranties as to the suitability or sufficiency of the Services for any purpose.
7. You confirm that the terms of this Agreement will be legally enforceable against you and all who use the Services on your part. You agree to fully cooperate and promptly provide KavKom with any information or documents requested with regards to actual, suspected or anticipated violation of law or of this Agreement.
8. Your undertakings under this Agreement shall be binding and enforceable against you, your successor, assignees, beneficiaries, heirs, and any appointed officer, receiver and trustee.
9. Nothing in this Agreement or in the transaction made by the Parties shall be deemed to create an agency, partnership, employment or joint venture relationship between the Parties.
10. By saying the KavKom may do or not do something it does not mean it has to do or refrain from doing that thing.
11. The Services are being offered only on a prepaid basis and for fair and ethical use.
12. The Services depend on the good and continuous operation of the internet, service providers, signal, electricity, software and hardware (“Elements”). KavKom will not be responsible for any failure or misfunction, permanent or temporary, lack of service or functionality in any of the Elements and any ensuing damage or loss.
13. KavKom may change or terminate the Services at any time without prior notice.
14. KavKom may change the cost of the Services from time to time.
Use of the Services
15. Any use of the Services for illegal acts or purposes is strictly forbidden. You must comply with the laws of any applicable jurisdiction when using the Services.
16. You may not abuse the Services or their terms. If KavKom will consider your use of the Services to be abusive or to be unfair or unethical, KavKom will have the right to immediately terminate the Services or any part of the Services.
17. You will not have any right or title in any of the phone numbers put at your disposal as part of the Services.
18. When providing information to KavKom you must only provide information that is true and accurate.
19. KavKom may ask you for information from time to time for various reasons including improvement of the Services and regulatory, insurance, legal, financial and other relevant purposes. Your failure to provide the information may result in a justifiable termination of this Agreement and discontinuation of the Services.
20. KavKom is entitled to change the terms of this Agreement. At all times, the valid and binding version of your agreement with KavKom will be the version that will have been posted in the Web Site. You are advised to routinely and timely review the Web Site and follow the then current version of the Agreement.
21. KavKom will not be responsible and will have no liability in the event Force Majeure, act or government, interference or sabotage.
22. KavKom will not be responsible for the safety of data to the extent permitted by law. KavKom will not be responsible for the safety of your hardware and software.
23. KavKom will not be responsible for any damages or loss regardless of cause and circumstances and its total obligations will never exceed the Compensation.
24. The Services are offered AS IS absent warranties. You choose to use the Services at your own discretion hence shall have no claim against KavKom, its employees, officers, directors, trustees, representatives, agents, affiliates, stock holders and service providers (“Protected Parties”) so that the Protected Parties are not and shall not be responsible, accountable or liable in any way for pecuniary and/or bodily damages of any kind, loss of opportunities, loss of time, comfort and unsuccessful business or other operation. You hereby irrevocably release and exempt the Protected Parties from any claim regarding direct, indirect, consequential, incidental, special or any other damages. This will not undermine your right for the Compensation should you be entitled to receive it under this Agreement.
25. You will defend and hold KavKom harmless against any fine, award, verdict, expense, cost, fee, remunerations, claim, cause and action KavKom may be subject to due to any act or omission done by you and bear all legal costs and expenses KavKom may have in this regard.
26. All disputes arising out of or in connection with this or any agreement shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one arbitrator appointed in accordance with the said Rules. The arbitration will be held in English only and will take place in London. The arbitration will not be governed by the laws in which either party resides or was incorporated nor under the laws of the United State of America or its respective member states and the ruling will be final.
Transfer of Rights and Liabilities
27. You cannot transfer your rights and obligation under this Agreement. KavKom may transfer its rights and obligations under this Agreement.
Intellectual Property Rights
28. This Agreement and the transaction contemplated herein will not confer any intellectual property right upon you.
29. You will not be entitled to any remedy or compensation other than reimbursement for prepaid services that were not provided to you (“Compensation”). However, in the event of Force Majeure, misuse or lack of use – no Compensation nor any other payment, remuneration, refund or other compensation or like payment will apply. The Compensation will be the sole, exclusive and final obligation of KavKom and you waive any cause, claim, remedy or action against KavKom unless specifically granted in this Agreement. KavKom will not be responsible for any damages or loss regardless of cause and circumstances and its total obligations will never exceed the Compensation.
30. KavKom may terminate the Services or this Agreement if you violate this Agreement or if KavKom believes that you are about to violate this Agreement or any applicable law or if KavKom is under a duty to do so.
31. Articles 7, 8, 9, 12, 15, 17, 19, 20, 25, 26, 29 to this Agreement shall survive the termination of this Agreement for any reason and shall remain effective and biding upon the Parties.
32. If any part of this Agreement shall be deemed by an authorized court or tribunal to be invalid or illegal, that part shall be severed from this Agreement and replaced by KavKom with such text that shall be consistent with the economic rationale of the part severed. The validity of the rest of this Agreement will not be undermined and it will remain effective and binding.
33. KavKom makes no warranties as to the Service, the Web Site, or the information therein. The Web Site and the Service are available “AS IS”. It is not technically practicable to guarantee that the Services, the Web Site or the App will be error or malfunction free or fully available at all times.
34. The titles and headings in this Agreement are displayed for convenience purposes only and shall not use in any way in the interpretation of this User Agreement.
35. All communication with KavKom shall be made to via email email@example.com. All inquiries related to privacy and personal data shall be made to firstname.lastname@example.org. If you are not satisfied with the answer you received we encourage you to ask again. If you chose to do so, you may also write or file a complaint with email@example.com
37. KavKom collects information required in order to identify you as a particular individual or entity, record purchase of any of the Services and use of the Services, provide you with the Services and allow KavKom to provide client support when needed and communicate with you.
38. To the extent permitted by law, KavKom does not collect information about your personal life, your lifestyle, health condition. If you receive request of such information that appears to come from KavKom please inform us immediately at firstname.lastname@example.org.
39.Please do not provide KavKom sensitive information. Please do not provide KavKom information as to your physical, physiological, mental, economic, cultural or social condition or identity.
40. KavKom does not keep your credit card information.
41. KavKom will not record the content of your phone calls unless required to do so by law or asked to do so within the framework of the Services. KavKom may record and may keep and not delete a record of the calls your made, your number and the phone number from which the calls came or to which the calls were made.
42. KavKom does not trade your information and does not sell it. Kalcom will, however, provide your information to its service providers and they will function as data processors. Your information may be processed, including by third parties, inside or outside the EU.
43. Your data may be processed and analysed using an automated decision-making mechanism on an algorithmic basis. You may disagree to such processing but the result may be termination of the Services and of your Agreement with KavKom.
44. If you would like KavKom not to collect information about you, you may simply discontinue using and purchasing Services and close your account with KavKom.
45. You may ask KavKom to delete your personal data. In such event Kalcom will delete your personal data but will not be required to delete
(1) data that identifies you such as name, identity or corporation number, client number, address, email address, phone and fax numbers;
(2) data related to the purchase of any of the Services by you and the use thereof; (3) data related to your use of the Services such as the location of the device from which a Service was used, duration of the call, the phone numbers of the parties to a call, IP address, proxy server, operating system, web browser and add-ons, device identifiers, ISP, mobile carriers and technical information related the quality of the call;
(4) data that may use KavKom in legal proceedings;
(5) data KavKom may not delete by law.
46. KavKom may keep the information and data collected and processed for seven years after the termination of the Services or for a longer period that matched the maximum period under the statues of limitations of any relevant jurisdiction.
47. Once a month you may ask KavKom to send you via email an electronic file containing a record of your personal data kept by KavKom. Requests for information not automatically produced by KavKom systems, that are burdensome or require additional effort may be subject to additional fees and charges.
48. You are to advise KavKom if your personal data is incorrect and update your personal data as soon as possible.
50. You agree that KavKom will address you using email, mail, telephone, mobile phone, IM, desktop and mobile notifications and text messages. KavKom may send you promotional information and you will have the right to ask KavKom not to send you such information. If you have asked not to receive promotional information but you still receive such content, please write KavKom at email@example.com.
51. KavKom has qualified and holds, as part of its commitment to your privacy. KavKom encourages you to help KavKom implement this commitment and advise KavKom if you encounter any privacy issues.
52. Residence of countries in the European Union (EU), European Economic Area (EEA), and Switzerland may contact us regarding the GDPR here firstname.lastname@example.org.
53. You are considered the personal data controller for personal data you transmit.
54. If you would not like KavKom to use and process your data you need not purchase or use the Services.