Terms of use
Effective: January 1, 2024.
The https://agilexecutive.com/ website (“Website”) is owned by Michal Epstein (“Agilexecutive”, “us,” “we,” or “our”). These Terms of Use (the “Terms of Use”) regulate the use of the Website and all those making use and/or wishing to make use of the Website (“You”, “User” and/or “Users”) hereby give their consent to the provisions of the Terms of Use and other conditions appearing on the Website, including the privacy policy found at the bottom of the Website, which forms an integral part of the Terms of Use (the “Terms of Use” together with privacy policy, the “Terms”), and undertake to act pursuant to them. A User entering and/or using and/or viewing the Website shall serve as evidence that the User has carefully and thoroughly read the detailed Terms and gave his/her/its consent to the provisions of the Terms, irrevocably and without reservation. If you do not agree to any of the Terms (or part thereof), you must cease your use of the Website and leave it immediately.
We reserve the right to change the Terms of Use from time to time, without advance notice and at her exclusive discretion. Any such change shall enter into effect immediately upon its publication on the Website in the framework of the Terms of Use. The Website Users are responsible for reviewing changes from time to time.
Definitions
“Content” or “Contents” – including any given information or content of any type, and as part of this any textual, visual, audio or audio-visual content, including text, pictures, voice, video, in any media and on any end device that exist at present and/or may exist in the future, and/or any combination thereof, including any article, essay, news item, review, data, file, advice, analysis, recommendation, instruction, presentation, assessment and/or any other information and/o/r content in any format, as well as their design, processing, editing, distribution and manner of presentation, including (but not limited to): any picture, photograph, illustration, animation, diagram, character, simulation, sample, video, audio file or musical file; any software, file, computer code, app, application, format, protocol, database or interface and any character, sign, symbol or icon.
“Website Content” – Content available through the Website, including professional content and other commercial and/or promotional content.
1. Using Website
You may use our Website only if you (i) can form a binding contract with us; (ii) comply with these Terms, all applicable laws, and our policies and any other policies that may be applicable from time to time (“Policies”)); and (iii) are over the age at which you can provide consent to data processing under the laws of your country. Certain regions and Content Offerings may have additional requirements and/or different age restrictions.
Any violation of our Terms, applicable laws, or Policies may result in your access to all or part of the Services being suspended, disabled, or terminated.
2. Terms
The Terms apply to the Website and in its Content, in whole or part, on any social network and/or means of communication and/or other communication media on which access to the website is performed (including the internet and/or any other network).
The Terms apply to the Website, on all of its layers, Contents and the various services that exist on it, wherever the User operates.
The Website is intended for informative purposes only and no use of it or its contents should be made for commercial needs and/or in order to make business and/or other decisions. For the avoidance of doubt, the Website Content does not constitute professional advice, and is provided as a service to the Website Users.
The Website and its Content, appearance, design and the services that it includes are the exclusive property of Agilexecutive and/or third parties authorized by it. Copying, distributing, broadcasting, publishing, linking, reverse-engineering, duplicating, licensing, creating derivative work or selling any part of the Website and/or the Website Content or making any other change in this Website or anything on it without the our explicit, prior consent in writing is completely prohibited. You may not create derivative works from or otherwise exploit the Content in any way. The User has no other right except for the User’s right to view the Website and its Content subject to the Terms.
Agilexecutive reserves the right, at its absolute and exclusive discretion, to change at any time, and for any period of time (whether temporary or permanent) the Website, the information and the service in its framework, including by adding, deducting, ceasing or restricting, changing the Website’s structure, the scope or availability of the information and the services that it offers and any other aspect entailed in the Website, service or operation, without this requiring any prior notice or explanation, and for any purpose. It is clarified that the User or any third party shall not have any argument and/or demand and/or claim against us (whether directly or indirectly) for the foregoing.
Agilexecutive does not undertake to correct any error, failure or defect in the Website or its Content, and/or that the use of the Website and its Content would conform with the User’s expectations.
Without limiting the foregoing, Agilexecutive reserve the rights to suspend and/or terminate and/or remove the Website and/or any Content and/or to offer additional services (including under additional terms that may apply).
3. Limited Right
Subject to the Terms, Agilexecutive hereby grants the User a revocable, non-unique, non-transferrable and non-sublicensable personal right. For the avoidance of doubt, the Terms do not grant the User any right in Agilexecutive’s intellectual property, but only a limited right to view the Website and its Content in a noncommercial manner, which as foregoing is revocable.
4. Content Offerings
Agilexecutive may offer courses and content (“Content Offerings”) from us and/or other providers (“Content Providers”). Agilexecutive reserves the right to cancel, interrupt, reschedule, or modify any Content Offerings, either solely, or in accordance with Content Provider instructions. Content Offerings are subject to the Disclaimers and Limitation of Liability sections below.
5. Feedback
We welcome your suggestions, ideas, comments, and other feedback regarding the Services (“Feedback”). By submitting any Feedback, you grant us the right to use the Feedback without any restriction or any compensation to you. By accepting your Feedback, Agilexecutive does not waive any rights to use similar or related Feedback previously known to Agilexecutive, developed by our employees, contractors, or obtained from other sources.
6. Security
Agilexecutive does not undertake that the Website and its Contents are or will be safe to use, accurate, complete, full, uninterrupted, without malfunction or interference and/or free of viruses, faults, malware, other harmful components or other software limitations. We shall not be responsible or liable for any viruses, faults, malware, other harmful components or other software inadvertently downloaded or accessed during your access to, use of, or browsing on the. You are advised to use appropriate protective software and/or other measures as you deem feet
While we work to protect the security of the Website, Agilexecutive cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your information.
7. Third Party Content
Through the Website, you will have the ability to access and/or use Content provided by instructors, other users, and/or other third parties and links to websites and services maintained by third parties. Agilexecutive cannot guarantee that such third party Content, in the Website or elsewhere, will be free of material you may find objectionable or otherwise inappropriate or of malware or other contaminants that may harm your computer, mobile device, or any files therein. Agilexecutive disclaims any responsibility or liability related to your access or use of, or inability to access or use, such third party content. Agilexecutive does not accept any responsibility for any third party Content and/or linked websites. Agilexecutive shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, Content or services available on or through any third party sites or linked resources (including, without limitation, any of our service providers)
8. Paid Services from Agilexecutive
Agilexecutive offers paid Services (e.g., participation in certain courses, certificates etc.) for a fee. Unless otherwise stated, fees are quoted in NIS and/or EU. You are responsible for paying all fees charged by or for Agilexecutive and applicable taxes in a timely manner with a payment mechanism associated with the applicable paid services. If your payment method fails or your account is past due, we may collect fees using other collection mechanisms. Fees may vary based on your location and other factors, and Agilexecutive reserves the right to change any fees at any time at its sole discretion. Any change, update, or modification will be effective immediately upon posting through the relevant services. Payment and collection is performed by our third party service providers and is subject to any terms and policies applicable to such services. Such terms and policies shall supplement these Terms and to the extent there is a conflict between such terms and policies and these Terms, as between you and our service provider, our applicable service provider’s policies and terms shall govern.
9. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WEBSITE AND ALL INCLUDED CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. AGILEXECUTIVE AND ITS RELATED PARTIES, PARTNERS, EMPLOYEES AND/OR ITS RELATED PARTIES (HEREINAFTER: “OUR PARTIES”) SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. OUR PARTIES FURTHER DISCLAIM ANY AND ALL LIABILITY RELATED TO YOUR ACCESS OR USE OF THE SERVICES OR ANY RELATED CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE SERVICES OR SUCH CONTENT IS AT YOUR OWN RISK.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AGILEXECUTIVE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE; (B) ANY CONDUCT OR CONTENT OF ANY PARTY INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR INFORMATION. IN NO EVENT SHALL OUR PARTIES AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED ONE HUNDRED U.S. DOLLARS ($100).
YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS TERMS OF USE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND US, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS TO OUR ABILITY TO MAKE THE WEBSITE ACCESSIBLE TO YOU.
YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
11. Indemnification
You agree to indemnify, defend, and hold harmless Our Parties from any and all claims, liabilities, expenses, and damages (to the extent attributable to you under the applicable law), including reasonable attorneys’ fees and costs, made by any third party related to: (a) your use or attempted use of the Website in violation of these Terms; (b) your violation of any law or rights of any third party; or (c) User’s violation of any third-party right or applicable law.
12. Governing Law and Venue
The Terms shall be governed by the laws of the State of Israel. Exclusive jurisdiction on all matters relating to and/or arising from the Terms shall be given to the competent Court in Tel Aviv-Yafo.
13. General
Severability; Waiver
If it turns out that a particular provision of these Terms is not enforceable, this will not affect any other terms. If you do not comply with these Terms, and we do not take immediate action, this does not indicate that we relinquish any rights that we may have (such as taking action in the future).
Content Providers
Our Content Providers and integrated service providers are third party beneficiaries of the Terms and may enforce those provisions of the Terms that relate to them.
Cancellation and Refund Policy
You shall be entitled to cancel a transaction in accordance with the Consumer Protection Law, 5741–1981 (“Consumer Protection Law”) and the regulations which have been enacted pursuant thereto, as may be applicable to you and to the Content Offering purchased.
The cancellation will only be valid if notice is sent via email to michal@agilexecutive.com. The cancellation notice must clearly identify you and the Content Offering or services you request to cancel. It is your responsibility to ensure that the we received the cancellation request.
We shall be entitled to charge a transaction cancellation fee in accordance with the Consumer Protection Law.
Cancellations within the timeframes set in the Consumer Protection Law shall be subject to the cancellation and refund policy provided therein.
In other cases, the following policy shall apply:
Period Before Services Scheduled Date in Which you Notify us:
Within 14 days or more:
Cancellation Fees N/A, Refund: 100%.
Within 14 to 4 days
Cancellation Fees 50%, Refund: 50%.
Within 4 days or less
Cancellation Fees 100%, Refund: 0%.
We are not liable for Content Offering provided by third party Content Providers. In this regard, it is clarified that any change relating to third party Content Providers, facilities and amenities, shall not be considered as a significant change and will not entitle you for a refund from Agilexecutive.
We reserve the right to cancel a transaction and/or any scheduled event, in whole or in part, at our own discretion, for any reason or without a reason, at any time. A notice of cancellation will be delivered to the address you will provide upon registration and you will not be charged for such cancelled transaction. In the event you already paid, you will be entitled to elect a full refund as provided below, or a credit for realization in the future for our services. A refund and/or cancellation hereunder is your sole remedy, recourse and/or cause and/or claim against Agilexecutive and/or anyone on its behalf in connection with such cancellation
Refunds will be performed by our clearing services provider to the credit card and/or other manner of payment used by you in the transaction. In the event you have used our credit, out of the amount of the refund due under the relevant cancellation policy, the amount paid through such credit will first be deducted and will be credited back to you as a new credit for future realization.