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Terms & Conditions

1. ACCEPTANCE OF TERMS AND CONDITIONS

1.1. These website terms and conditions of use for http://www.machool.com, constitute a legal agreement and are entered into by and between you and Machool Technologies Ltd. ("Company," "we," "us," "our"). The following terms and conditions, together with any documents and/or additional terms they expressly incorporate by reference (collectively, these "Terms and Conditions"), govern your access to and use, including any content, functionality, platform and services offered on or through http://www.machool.com (the "Website").

1.2. By using the website, you accept and agree to be bound and comply with these terms and conditions and our privacy policy, found at Privacy Policy - Machool, incorporated herein by reference. If you do not agree to these terms and conditions or the privacy policy, you must not access or use the website.

1.3. By using this Website, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

2. MODIFICATIONS TO THE TERMS AND CONDITIONS AND TO THE WEBSITE

2.1. We reserve the right in our sole discretion to revise and update these terms and conditions from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Website. You agree to periodically review the terms and conditions in order to be aware of any such modifications and your continued use shall be your acceptance of these.

2.2. The information and material on this Website, and the Website may be changed, withdrawn or terminated at any time in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is restricted to users or unavailable at any time or for any period.

3. YOUR USE OF THE WEBSITE AND ACCOUNT SET-UP AND SECURITY

3.1. Users are responsible for obtaining their own access to the Website and for the Website's availability and performance. Users are required to ensure that all persons who access the Website through a user's internet connection are aware of these Terms and Conditions and comply with them. Users are responsible for any security breaches or performance issues relating to accessing the Website.

3.2. The Website including content or areas of the Website may require user registration. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.

3.3. Your provision of registration information and any submissions you make to the Website through any functionality such as applications, chat rooms, e-mail, message boards, personal or interest group web pages, profiles, forums, bulletin boards and other such functions (collectively, "Interactive Functions") constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy.

3.4. Any user name, password, or any other piece of information chosen by you or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.

3.5. We reserve the right at any time and from time to time, to disable or terminate your account, any user name, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms and Conditions.

3.6. You are prohibited from attempting to circumvent and from violating the security of this Website including without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restrict, disrupt or disable service to users, hosts, servers or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting Websiteowner's ability to monitor the Website; (f) use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (g) introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attack the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing; and (i) otherwise attempt to interfere with the proper working of the Website.

4. INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP

4.1. You understand and agree that the Website and its entire contents, features, and functionality, including but not limited to all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by the Company, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.

4.2. The Company name, the Company logo, and all related names, logos, product and service names, designs, images and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. Other names, logos, product and service names, designs, images and slogans mentioned or which appear on this Website are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute a violation of the rights of the property owner and may be a violation of federal or other laws and could subject the violator to legal action.

4.3. You may only use the Website for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, in any form or medium whatsoever except: (i) your computer and browser may temporarily store or cache copies of materials being accessed and viewed; (ii)a reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever; and (iii) in the event social media features are provided with respect to certain content are on our site, you may take such actions as our site permits for such features.

4.4. You are not permitted to use any content on the Website for the purposes of training any artificial intelligence or algorithm.

4.5. Users are not permitted to modify copies of any materials from this site nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

4.6. If you print off, copy or download any part of our site in breach of these Terms and Conditions, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Website or to any content on the Website, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other intellectual property laws.

5. CONDITIONS OF USE AND USER SUBMISSIONS AND SITE CONTENT STANDARDS

5.1. As a condition of your access and use you agree that you may use the Website only for lawful purposes and in accordance with these Terms and Conditions.

5.2. The following content standards apply to any and all content, material, and information a user submits, posts, publishes, displays, or transmits (collectively, "submit") to the website, to other users or other persons (collectively, "User Submissions") and any and all Interactive Functions. Any and all User Submissions must comply with all applicable federal, provincial, local, and international laws and regulations.

5.3. Without limiting the foregoing you warrant and agree that your use of the Website and any User Submissions shall not:

  1. In any manner violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions and our Privacy Policy;

  2. Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such prohibited ground or be otherwise objectionable;

  3. Involve stalking, attempting to exploit any individual or harm minors in any way by exposing them to inappropriate content or otherwise nor ask for personal information;

  4. Involve, provide or contribute any false, inaccurate or misleading information;

  5. Include sending, knowingly receiving, uploading, downloading, using, or reusing any material that does not comply with these Terms and Conditions;

  6. Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing)

  7. Transmit, or procure the sending of, any advertisements or promotions [without our prior written consent], commercial activities or sales, including without limitation any "spam", "junk mail", "chain letter", contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation;

  8. Include engaging in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability;

  9. Include causing annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person;

  10. Promote any illegal activity, or advocate, promote, or assist any unlawful act; and/or

  11. Give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.

6. USER SUBMISSIONS: GRANT OF LICENSE

6.1. The Website may contain Interactive Functions allowing User Submissions on or through the Website.

6.2. None of the User Submissions you submit to the Website will be subject to any confidentiality by the Company. By providing any User Submission to the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and according to your account settings and/or incorporate such material into any form, medium or technology throughout the world without compensation to you. You waive any moral rights or other rights of authorship as a condition of submitting any User Submission.

6.3. By submitting the User Submissions you declare and warrant that you own or have the necessary rights to submit the User Submissions and have the right to grant the license hereof to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns to the User Submissions and comply with these Terms and Conditions. You represent and warrant that all User Submissions comply with applicable laws and the User Submissions and Site Content Standards set out in these Terms and Conditions.

6.4. You understand and agree that you, not the Company, are fully responsible for any User Submissions you submit or contribute, and you are fully responsible and legally liable including to any third party for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other user of the Website.

7. SITE MONITORING AND ENFORCEMENT, SUSPENSION AND TERMINATION

7.1. Company has the right, without provision of notice to:

  1. Remove or refuse to post on the Website any User Submissions for any or no reason in our sole discretion;

  2. At all times, to take such actions with respect to any User Submission deemed necessary or appropriate in our sole discretion, including without limitation, for violating the Website and User Submissions and Site Content Standards or Terms and Conditions;

  3. Take appropriate legal action, including without limitation, referral to law enforcement, regulatory authority or harmed party for any illegal or unauthorized use of the Website. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website; and/or

  4. Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms and Conditions.

7.2. You waive and hold harmless the company and its affiliates, licensees and service provider from any and all claims resulting from any action taken by the company and any of the foregoing parties relating to any, investigations by either the company or such parties or by law enforcement authorities.

7.3. We have no obligation, nor any responsibility to any party to monitor the Website or use, and do not and cannot undertake to review material that you or other users submit to the Website. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.

8. NO RELIANCE

8.1. The content on our Website is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our site.

8.2. Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date. Your use of the Website is at your own risk and the Company has no responsibility or liability whatsoever for your use of this Website.

8.3. This Website may include content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third party content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of the Company. The Company is not responsible, or liable to you or any third party, for the content or accuracy of any third party materials.

9. PRIVACY

9.1. Any user information and User Submissions will be deemed our property and your submissions and use of our site constitutes consent to the collection, use, reproduction, hosting, transmission and disclosure of any such user content submissions in compliance with our Privacy Policy, as we deem necessary for use of the Website and provision of services.

9.2. By using this Website you are consenting to the use of cookies which allow a server to recall previous requests or registration and/or IP addresses to analyze website use patterns. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies. If you do, however, some areas of the Website may not function adequately.

10. THIRD PARTY WEBSITES

10.1. For your convenience, this Website may provide links or pointers to third party sites. We make no representations about any other websites that may be accessed from this Website. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third party sites, and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third party sites.

10.2. Such links to third party sites from the Website, may include links to certain social media features that enable you to link or transmit on your own or using certain third party websites, certain limited content from this Website. You may only use these features when they are provided by us and solely with respect to the content identified. Such features and links to third party sites are subject to any additional terms and conditions we provide with respect to such features.

10.3. You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the homepage. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the Conditions of Use and User Submissions and Site Content Standards. You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop.

11. ONLINE PURCHASES

11.1. Certain sections of the Website may allow you to make purchases from us or from other merchants. If you make a purchase from us on or through our Website, all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us, the merchant, and our payment processing company. Please review our Privacy Policy for how we comply with securing your personal data.

11.2. Your participation, correspondence or business dealings with any affiliate, individual or company found on or through our Website, all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a merchant.

11.3. Payment processing companies and merchants may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies of the payment processing companies and merchants. In addition, when you make certain purchases through our Website, you may be subject to the additional terms and conditions of a payment processing company, merchant or us that specifically apply to your purchase. For more information regarding a merchant and its terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the merchant directly.

11.4. You release us, our affiliates, our payment processing company, and merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Website.

12. MACHOOL WALLET

12.1. We can provide the Machool Wallet to you. It allows you to load a dollar value onto your Machool Wallet for use on the Website. The dollar value that you load onto your Machool Wallet is a prepayment for the goods and services you procure through the Website.

12.2. To register your Machool Wallet, please visit http://www.machool.com. When registering for or purchasing a Machool Wallet, you agree that you will: (i) provide complete and accurate information about yourself; and (ii) update such information if it changes. If you do not provide or update such information, or if we have reasonable grounds to suspect that you have not provided or updated such information, we shall have the right, in our sole and absolute discretion, to disable your Machool Wallet. If you believe your Machool Wallet has been disabled in error, please email contact@machool.com. You are responsible for: (a) the accuracy of all information that you provide to us; and (b) maintaining the confidentiality and security of your Machool Wallet information.

12.3. Unless otherwise required by law or permitted by this Agreement, the dollar value on your Machool Wallet is nonrefundable and may not be redeemed for cash, excepting where you close your account with the Company.

12.4. The value on your Machool Wallet is not insured by the Federal Deposit Insurance Corporation (FDIC), nor does it earn interest.

12.5. You can load value on your Machool Wallet by going online to http://www.machool.com. There may be a delay from the time you pay the amount to be loaded onto your Machool Wallet and those funds being available for use.

12.6. If you use a credit or debit card to purchase or reload your Machool Wallet, prior to charging your credit or debit card, an authorization process will occur for the amount of your purchase or reload transaction (“Transaction”). The authorization process will validate the credit or debit card number, status, available credit or funds and billing information to ensure that it matches what the bank or card company has on file. Your bank or the Company may attempt to contact you for additional information prior to authorizing the Transaction amount.

12.7. For credit cards, once an authorization is received, you may notice a decrease in your available credit line. Your bank may hold this dollar amount from your credit line or available balance for a short period of time determined by the policy of your bank before your Transaction is fulfilled. For debit cards, your bank may pre-authorize a charge to your deposit or checking account and place a temporary hold on the funds before your Transaction is fulfilled. Regardless of whether you use a credit or debit card, your card will be charged only upon fulfillment of your Transaction. If your Transaction is cancelled, the Company will request an authorization reversal on your behalf. Reversal times may vary. We recommend contacting your bank or credit card company to learn about their authorization and authorization reversal policies.

12.8. We do not charge any activation, service, dormancy or inactivity fees in connection with your Machool Wallet. Your Machool Wallet has no expiration date nor does the value on your Machool Wallet ever expire.

12.9. When you use your Machool Wallet, we will provide a receipt if you request one. The receipt will indicate that the purchase was made using a Machool Wallet and will provide the remaining balance of your Machool Wallet. Please check your online transaction history regularly to ensure that your transaction history and account balance are correct. You can check the balance of your Machool Wallet or review recent transactions on your Machool Wallet at http://www.machool.com. We will not send you statements of activity on your Machool Wallet.

12.10. We will correct the balance of your Machool Wallet if we believe that a clerical, billing or accounting error occurred. If you have questions regarding your transaction history or any correction, or if you wish to dispute any transaction or correction that has been applied to your Machool Wallet, please email contact@machool.com. Assuming you provide sufficient details, we will review your claim and tell you what we find. We will correct any error promptly after we finish our review. If we do not find any error, we will explain what we found. We have no obligation to review or correct any billing error unless you provide us sufficient notice for us to review your claim within sixty (60) days of the date of the transaction in question.

12.11. We will not accept any Machool Wallet, or will limit use of any Machool Wallet or Machool Wallet balance, if we reasonably believe that the use is unauthorized, fraudulent or otherwise unlawful, and we consider such action appropriate to limit our risk. The Company has no liability to you for any third-party fraud or unlawful activity associated with any Machool Wallet balance. If the Company discovers any Machool Wallet or Machool Wallet balance was sourced or derived from fraud or other unlawful means, in our sole discretion, we may cancel all impacted Machool Wallets and retain all related Machool Wallet balances without notice to you. We may use retained Machool Wallet balances to help offset our liability to card companies, networks and issuers of lost or stolen credit and debit cards used to purchase or load Machool Wallets.

12.12. You should treat your Machool Wallet like cash and not disclose your Machool Wallet information to anyone. If your Machool Wallet or Machool Wallet information is lost or stolen, anyone who obtains possession of either may use your Machool Wallet. You are responsible for all transactions on your Machool Wallet, including unauthorized transactions.

13. FEES AND PAYMENT FOR SERVICES

13.1. You agree to immediately pay or pay upon such terms as are agreed between the Company and You, the related service fees and any other charges incurred in connection with your use of the Website (including any applicable taxes) at the rates in effect when the transaction was initiated. All accounts with the Company are due upon receipt unless otherwise stated in writing. Without limiting the generality of the foregoing, such fees and charges may arise as a result of, or otherwise in respect of: address corrections, adjusted cubed weight or adjusted actual weight (versus what You have declared), oversized surcharge, overweight surcharge, pickup attempted, pickup unavailable, absent charge, cancelled pickup, freight pickup surcharge, undeliverable surcharge, additional handling, special handling, non-conveyable charges, residential delivery, or over maximum limits. If you have a Machool Wallet, you authorize the Company to debit your Machool Wallet for any such fees and charges.

13.2. The Website is free to access and will contain automation tools (such as integration to accounting software, cost center, etc.). Transactions are performed through Your account with the selected courier. You will be charged per transaction through your credit card kept on file, and you hereby authorize the Company to do so.

13.3. Customers will be eligible for our tiered discount system upon creating an account. The percentage of discount that will be given with respect to each tier of discount will be at the sole discretion of the Company and will vary based on the rates the Company is able to obtain from third-party shipping companies ("Company Rates"), on the frequency of shipments, on the shipping company chosen by the user, and other factors that are beyond the control of the Company. The Company reserves the right to change the discount available to customers at any time without notice.

13.4. The Company reserves the right to correct any pricing errors on our website and/or on shipments made under an incorrect price. In such event, the Company will offer You the opportunity to keep Your shipment at the correct price or we will cancel your order without penalty. The Company is under no obligation to provide services to a customer at an incorrect (lower) price, even after the customer has been sent confirmation of his/her shipment.

13.5. Administrative charges may be levied for administration or account processing activities in connection with Your account, including, without limitation, as a result of the following: collection efforts due to non-payment, returned or rejected payments. You agree that we can charge all costs incurred by the Company to collect overdue invoices.

13.6. In the event that shipping costs of your package increase due to underreported package size or weight, the Company shall charge Your credit card kept on file for this increased cost, and You hereby authorize the Company to do so.

13.7. It is Your responsibility to ensure that your credit card has a sufficient balance to carry the costs of shipping your package. You acknowledge that, in the event that Your credit card is declined, Your shipment may not be processed and may be suspended, which may result in a delayed delivery time or cancellation of your shipment. In the event that Your credit card is declined, the Company reserves the right to charge an administrative fee to Your credit card kept on file, and to terminate Your account without further notice.

13.8. Upon cancellation of any shipment either by the Company or by a third-party courier, the Company will make commercially reasonable efforts to refund the shipment cost minus any incurred administrative expenses within ten (10) business days.

13.9. You are required to bring any dispute that you may have with regard to billing to the Company’s attention no later than thirty (30) days after billing occurs. No billing disputes will be entertained after this time, and you will be deemed to have irrevocably accepted the validity and quantum of all such bills.

14. RATE INFORMATION

14.1. Rate information published on this Website is subject to change without notice. The Company has no control over such rate information, and you agree to bear all risks resulting from your reliance on any such information. The Company may make improvements and/or changes to this Website and/or information contained therein at any time without notice. Any references to non-Company products or services on this website are for informational purposes only and do not constitute a recommendation or endorsement of such products or services by the Company or any other third party. Rates on the Website for couriers the Company does not ship with could either be retail or list rates for each courier.

15. SHIPPING MATTERS

15.1. The Company is not responsible for information submitted by users or account holders on the Website or within the use of the Website. Users or account holders are solely responsible for the accuracy of the information that is used in conjunction with Your account and any Company products. This includes, but is not limited to, information concerning the user and package criterion (destination, origination, type of service requested, weight, dimensions, content, etc.).

15.2. Users or account holders are solely liable for any variations in costs due to any discrepancies that arise as a result of inaccurate information being provided on the Website or within the use of the Company’s products. Such discrepancies may result in situations including, but not limited to, increased costs of shipment due to inaccurate package weight, package dimensions, package contents or package value. Where such costs vary as a result of the inaccuracy of user provided information, the user acknowledges and agrees that any increase in costs and any associated costs incurred by the Company or any third party in connection with the provision of inaccurate information shall be charged through their credit card kept on file.

15.3.It is your responsibility to ensure the items that are being shipped are of legal content and substance. Users are encouraged to review the specified courier's terms and conditions, along with restrictions on items that can be shipped by the courier, before selecting the courier. The Company is not responsible for the contents of the items that are being shipped. Users are solely responsible for the items they ship.

15.4. The Company reserves the right to open and/or inspect any shipment tendered to it, at any time, without notice, and for any reason, but is not obliged to do so. Governmental authorities may also open and inspect any shipment at any time without notice.

15.5. Couriers require that all shipped goods conform to International Safe Transit Association packaging standard 3A, and it is your responsibility to ensure that packages you ship conform to this standard. You are advised and you acknowledge that any failure to package shipped goods to this standard may result in the courier's refusal to ship or to insure your packages. You further acknowledge that you are familiar with and agree to any restrictions on goods to be shipped that the courier you select may have in force from time-to-time, and that all goods you choose to ship adhere to any such restrictions or guidelines of the selected courier. You acknowledge that any non-compliant packages that you do ship are shipped at your own risk, and that you are not entitled to claim a refund of any costs associated with your use of the service, transportation or any loss or damage to such shipped items from the Company.

15.6. Issues arising from delayed, lost or damaged packages must be addressed to the courier that was selected by you and is not the responsibility of the Company. The Company is not responsible for any refunds in connection with shipments that do not meet service guarantees or estimated delivery dates by a courier. The Company is not responsible for packages that are not picked up by the courier from you. Any disputes arising from your use of a courier's services are the sole responsibility of you and the courier.

15.7. The Company reserves the right to refuse any shipment, which, in its sole opinion, does not comply with these Terms and Conditions or the terms and conditions of carriage of any courier, or which may cause damage to, taint or soil any equipment owned, leased or operated by the Company or a courier. Reasons for refusal include but are not limited to a shipment being improperly packaged, wrapped or labeled. The Company reserves the right to refuse and/or cancel any of its’ services or terminate the account of customers who exhibit aggressive or abusive behavior towards any staff or contractor of the Company.

15.8. Upon cancellation of any shipment either by the Company or by a third-party courier, the Company will use commercially reasonable efforts to refund the cost of the shipment minus any incurred administrative expenses to Your credit card kept on file within ten (10) business days.

15.9. The Company does not warrant or provide any insurance whatsoever on items being shipped using its’ products. Users are encouraged to review the courier's or insurance provider's terms and conditions along with their insurance coverage before selecting a courier. If coverage was purchased using a third party insurance provider or courier insurance through the Services, claims must be made directly with that insurance provider and not the Company. The Company is not responsible for any claims or subsequent damages resulting from lost, delayed or damaged packages.

15.10. When using the Company’s services, you agree to be solely responsible for the cost of returning any shipment refused by the courier or that cannot be delivered for any reason. You are also responsible for payment of any duties, taxes or fees as applicable.

15.11. Returns of purchases from the Website will be accepted within 15 days of the purchase date. You are responsible for any cost associated with the return, including but not limited to the cost of shipping and the restocking fee set by the Company. Returns received more than 15 days after the date of purchase will not be accepted and will be returned to sender. Returned merchandise must be unused and in new condition with original packaging.

15.12. Any applicable reimbursement will be settled using the form of payment originally utilized for the initial shipment.* For clarity, if the initial shipment charges were settled using a credit card, any relevant refunds will be processed back to that credit card. In cases where the initial shipment charges were invoiced to the customer by Machool, applicable refunds will be processed through the issuance of credit notes. Lastly, if the initial shipment charges were settled using the Machool Wallet, any relevant refunds will be added to the accessible funds balance within the customer's Machool Wallet.
* A claim settlement for loss or damage on a shipment that was originally paid for using a credit card may be credited to the shipper’s choice of an E-Transfer or their Machool Wallet.

15.13. You acknowledge that waybills created via the Website for Your package MUST be printed and attached to Your package prior to shipping. Handwritten waybills are not permitted, and if used, will result in the rejection of the shipment by the Company. Users are solely responsible for any costs, delays, inconveniences or losses incurred by the user, the Company or any other third-party due to the use of handwritten waybills by the user.

15.14 It is your responsibility to ensure that your package, once ready for shipment, is received by the courier you select. The Company shall not be responsible for missed or incorrect package pick-ups and any delay in package delivery that may result.

15.15. The selected courier may not initiate contact with you in the event of shipment complications. Consequently, you bear full responsibility for monitoring the package's transit status, initiating communication with both the designated courier and the Company in the event of shipping issues, and overseeing the resolution thereof.

15.16. In the circumstance wherein a waybill is generated by You through the Website containing inaccurate details pertinent to the shipment address, necessitating the Company to engage in correspondence with the designated courier for rectification purposes, the Company reserves the right to impose an address correction fee commensurate with that imposed by the courier. Said fee shall be debited from the customer's account utilizing the associated payment method as an adjustment.

15.17. You are responsible for all applicable international treaties, laws, regulations or requirements of any country to, from, through or over which your shipment may be carried when using the Website. You are responsible for any customs requirements, import laws and regulations of any country to, from, through or over which Your shipment may be carried when using the Website. You agree to furnish such information and complete such documents as are necessary to comply with such treaties, laws, regulations, orders or requirements when using the Website. If the local law or other conditions exist that do not allow customs clearance by the courier or requires a third-party customs broker, you are responsible for all costs incurred in relation to any alternatives necessary to execute the shipment. The Company and the courier assume no liability to You or any other person due to Your failure to comply with this provision.

15.18. If a package is deemed to be suspicious by the Company, its banking partners, the courier or law enforcement, the Company will report this to the appropriate government authorities. Suspicious shipments will lead to Your package being intercepted without return. Further action will be initiated by the Company with the proper authorities and online sources. You agree that intercepted items may be used to recover the cost and time associated with suspicious shipment. You agree to bare the costs of all services despite the shipment not being delivered to the intended destination.

15.19. All shipments made by the Company are subject to the terms and conditions of the courier chosen at the time of order. You may wish to review those terms and conditions, as they may be available on the website of the particular courier.

16. GEOGRAPHIC RESTRICTIONS

16.1. The owner of the Website is based in the Province of British Columbia, Canada. We provide this Website for use only by persons located in Canada. This site is not intended for use in any jurisdiction where its use is not permitted. If you access the site from outside Canada you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.

17. DISCLAIMER OF WARRANTIES

17.1. You understand and agree that your use of the website, its content, and any services or items found or attained through the website is at your own risk. The website, its content, and any services or items found or attained through the website are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

17.2. Neither the company nor any affiliates nor their respective directors, officers, employees, agents or service providers makes any warranty, representation or endorsement with respect to the completeness, security, reliability, suitability, accuracy, currency or availability of the website or its contents. Without limiting the foregoing, neither the company nor any affiliates nor their respective directors, officers, employees, agents or service providers represents or warrants that the website, its content, or any services or items found or attained through the website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components.

17.3. We cannot and do not guarantee or warrant that files or data available for downloading from the internet or the Website will be free of viruses or other destructive code. You are solely and entirely responsible for your use of the Website and your computer, internet and data security. To the fullest extent provided by law, we will not be liable for any loss or damage caused by denial-of-service attack, distributed denial-of-service attack, overloading, flooding, mailbombing or crashing, viruses, trojan horses, worms, logic bombs, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the website or any services or items found or attained through the website or to your downloading of any material posted on it, or on any website linked to it.

18. LIMITATION ON LIABILITY

18.1. Under no circumstance will the company, its affiliates and their respective directors, officers, employees, agents, or service providers be liable for negligence, gross negligence, negligent misrepresentation, fundamental breach, damages of any kind, under any legal theory, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, negligence causing damage, loss of the shipment, damage to the shipment, theft of the shipment, improper packaging, improper handling or delay of the shipment even if the company is advised in advance that such possibility exists, and whether caused by tort (including negligence), breach of contract, breach of privacy or otherwise, even if the party was allegedly advised or had reason to know, arising out of or in connection with your use, or inability to use, reliance on, the website, any linked websites or such other third party websites, nor any site content, materials, posting or information thereon.

18.2. The Company’s entire liability arising out of or related to this Agreement shall be governed by the liability conditions stipulated in the individual terms and conditions of the courier selected by You for the transportation of goods. This limitation of liability shall apply irrespective of the actual value of the specific item facilitated for delivery.

18.3. For greater certainty, the courier selected by You or the Company for transportation of your shipment related to any of the products offered by the Company, is liable to you within the fullest extent of their terms and conditions. All legal actions that may arise in connection with your shipment must be brought against the courier selected by you or the Company.

19. INDEMNIFICATION

19.1. To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your breach of these Terms and Conditions or your use of the Website, including, but not limited to, your User Submissions, third party sites, any use of the Website's content, services, and products other than as expressly authorized in these Terms and Conditions.

20. GOVERNING LAW AND JURISDICTION

20.1.The Website and these Terms and Conditions will be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle or rule (whether of the laws of the Province of British Columbia or any other jurisdiction) and notwithstanding your domicile, residence or physical location.

20.2. Any action or proceeding arising out of[or relating to this Website and under these Terms and Conditions will be instituted in the courts of the Province of British Columbia and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

21. WAIVER

21.1. No waiver under these Terms and Conditions is effective unless it is in writing and signed by an authorized representative of the party waiving its right. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

22. SEVERABILITY

22.1. If any term or provision of these Terms and Conditions is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.

23. ENTIRE AGREEMENT

23.1. The Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between you and Machool Technologies Ltd. regarding the Website and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

24. ELECTRONIC COMMUNICATIONS

24.1. The Company will, from time to time, generate and send electronic communications (such as e-mails) to you containing information about the Company’s new and current services and products. By entering into this Agreement, you are consenting to receive such electronic communications from the Company at any electronic address that you provide.

25. REPORTING AND CONTACT

25.1. This website is operated by Machool Technologies Ltd. 25.2. Should you become aware of misuse of the website including libelous or defamatory conduct, you must report it to the Company at contact@machool.com. 25.3. All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to contact@machool.com.