Terms of service

Terms of Use

Any Use of this Website is subject to these Terms of Use and you consent to all of its terms. If you do not agree with any of the terms in these Terms of Use, please do not use this Website.

General

  1. This Website is owned and operated by Moxie TLV Ltd. (“Moxie” and the “Website”).
  1. Any browsing, visiting, downloading, registration, signing-up, payment, purchase, uploading of information or any other act or use in connection with the Website (“Use”) is subject to the provisions of these Terms of Use, as amended from time to time.
  1. Please read the Terms of Use carefully before using the Website. If you do not agree to any of the terms in these Terms of Use, please do not use the Website.
  1. You declare that you are at least 18 (eighteen) years of age or that you Use this Website with the approval of a parent or guardian who have agreed to all the terms of these Terms of Use and the Privacy Policy.
  1. These Terms of Use were last updated on August 2020.
  1. Moxie may make changes to these Terms of Use at any time. The binding version of these Terms of Use, at all times, is the most recent version displayed on the Website, and you accept and agree to all the provisions of these Terms of Use, as amended from time to time. If you do not agree to any change to these Terms of Use, you should discontinue your Use of the Website.
  1. You are encouraged to review these Terms of Use each time you Use the Website.
  1. In the event of a contradiction between these Terms of Use and any other advertisement or publication made by Moxie by any means, the provisions of these Terms of Use shall prevail.

 

Privacy Policy

Your Use of the Website is subject to your consent to all of the terms of the Website's privacy policy, which is available here: Privacy Policy (the “Privacy Policy”). If you do not agree to any of the terms of the Privacy Policy, please do not use the Website.

Personal Account

  1. You may purchase Product(s) on the Website by registering and creating a personal account (an “Account”) or on a one-time basis without registering and creating an Account.
  1. As part of the registration process for an Account, you may sign up to become a member of Moxie (a “Member”).
  1. Only one Account is permitted per person.
  1. When registering and creating an Account or purchasing a Product(s), you will be asked to provide information that will be stored in our databases. For more details in this regard, see our Privacy Policy.
  1. At all stages of the Account registration and/or purchasing process, you will be requested to provide correct and complete information in accordance with the instructions on the Website and you agree to inform us of any changes to the information you have provided. You also agree and acknowledge that you assume sole responsibility for any loss or damage caused as a result of you providing false, incorrect or incomplete information (including due to a typographical error) and Moxie assumes no liability or responsibility for any loss or damage in this regard, including in connection with the non-receipt of communications of any kind and you waive any claims in this regard.
  1. Within the framework of the Website, you can select a unique username and password, which will be used to identify you for each purchase on the Website. The username and password are for personal use only. You must keep your username and password confidential and secure. Moxie assumes no liability or responsibility for any loss or damage resulting from the use of any third party of your username and password.
  1. Your Account is personal and it may not be transferred to a third party or used by or through a third party. You are responsible for any and all activity that occurs on your Account. If you suspect any unauthorized use of your Account, you must notify Moxie immediately. You agree not to use the Account of any third party or disclose the details of your Account to any third party.
  1. Moxie, in its sole discretion, reserves the right to decline to approve the registration of your Account for any reason.
  1. Access to your Account will only be possible upon receipt of confirmation of the registration of your Account by way of an email sent to the email address you provided as part of the registration process.

 

Making Purchases on the Website

  1. Products are offered for sale on the Website (the “Products”).
  1. Before purchasing a Product(s) on the Website, you should thoroughly examine these Terms of Use.
  1. You may purchase a Product(s) on the Website, provided that all of the following have been met: (i) you are a person with legal capacity to perform legal acts in accordance with the provisions of the Legal Competency and Guardianship Law, 1962; (ii) you are 18 (eighteen) years of age, or one of your parents (or guardian) has given their consent for you to perform acts in connection with the Website and has also agreed to all of the terms of these Terms of Use and the Privacy Policy; (iii) if purchasing a Product(s) using a credit card, you will use a valid credit card, which belongs to one of the credit card companies authorized to operate in Israel, or you have explicit permission from the holder of such card to use it; (iv) you have carefully read and agreed to all of the terms of these Terms of Use and the Privacy Policy; and (v) you have a valid email address.
  1. Within the framework of the Use of the Website, the credit card details you provided on the Website will be saved for future purchases in a secure manner and in accordance with the PCI standard.
  1. Moxie may, in its sole discretion, decline to recognize any acts, rewards or any other matter which are in violation of the provisions of these Terms of Use, Privacy Policy or any law, or that have been made in bad faith.
  1. In the event of an error in the amount charged to you in respect of a transaction for the purchase of any of the Product(s) on the Website, Moxie may cancel such transaction and it will not charge you for such amount.
  1. Moxie, in its sole discretion, reserves the right to change and update, from time to time, the list of Product(s) offered for sale on the Website, the prices of the Product(s), method of packaging, payment terms, delivery costs, and any other matter related to the Product(s) or their purchase or supply.
  1. The Product(s), prices of the Product(s) and delivery fees reflect those that are displayed on the Website at the time you make a purchase.
  1. The prices of the Product(s) displayed on the Website include value added tax (VAT).
  1. Moxie may, at any time, in its sole discretion, limit the quantity of Product(s) available for purchase, without prior notice.
  1. Product(s) that are out of stock will be removed from the Website within a reasonable time after Moxie has become aware that the Product(s) are out of stock. In the event that, following your purchase of a Product(s), Moxie becomes aware that the purchased Product(s) is out of stock, Moxie will notify you as such and allow you to cancel the purchase of the Product(s) or receive a replacement Product(s) at a price equivalent to the purchased Product(s).
  1. After purchasing Product(s), and subject to receiving a confirmation from the credit card company, a transaction confirmation message will be sent to the email address you provided on the Website.
  1. Moxie may, at any time, in its sole discretion, cancel any transaction for the purchase of Product(s), prior to providing you with the Product(s) (without charging you for the transaction).
  1. The supplier of the Product assumes sole liability or responsibility for the correctness and completeness of all information displayed on the Website about the Product(s), including its description and images. Moxie assumes no liability or responsibility to you regarding a discrepancy between the Product actually received, and the Product displayed and/or described by the supplier of the Product on the Website.
  1. The images of the Product(s) displayed on the Website are for illustration purposes only, and are not binding in any way.
  1. The manufacturer, supplier and/or authorized reseller assume the sole liability or responsibility for the Product(s), its quality and nature and you declare and agree that you shall not have any claim against the Website and/or Moxie in this regard. Without derogating from the above, if you have been harmed and/or if you are not satisfied with the quality and/or nature of the Product(s) that you have received, you may contact Moxie (using the contact details below) and provide Moxie with a detailed explanation of your complaint. Moxie, in its sole discretion, will consider each complaint on its merits and it will act, in accordance with the law.
  1. Moxie is not obligated to offer on the Website any particular variety of Products or any specific Product. Moxie may, at any time, in its sole discretion, change and/or replace and/or remove any of the Products displayed on the Website.

Delivery of the Product, Exchanges and Cancellation of a Transactio

  1. Moxie does not deliver the Products to any location or address, but only to those specific locations or addresses as described on the Website 
  1. Moxie may, in its sole discretion, determine and change the terms relating to the delivery of Product(s), from time to time, including the distribution areas, delivery costs and terms of delivery.
  1. The Product(s) will be delivered to the address provided by you as part of the purchasing process (the “Delivery Address”), within the delivery time presented to you during the purchasing process (the “Delivery Time”).

 

  1. You undertake that you (or anyone on your behalf) will be present at the Delivery Address, at the Delivery Time, for the purpose of accepting receipt of the Product(s).
  1. In the event that you (or anyone on your behalf) are not available for scheduling delivery and present at the Delivery Address at the Delivery Time, you will be charged the full amount of the purchase (including delivery costs), and you will not be entitled to any refund. In such a case, Moxie will arrange an alternate delivery time, and you will be charged for the additional costs involved in such arrangement, including delivery costs. In this regard, you also waive, in advance, any claim relating to the delivery of the Products.
  1. ​Immediately following receipt of the Product(s), you undertake to examine the Product(s) received to ensure that it matches the order you have made and that it is suitable.
  1. In the case of unforeseen circumstances, theft or loss of the Product(s), difficulty in locating or contacting you, other delays beyond the control of Moxie etc., the actual time of delivery of the Product may be delayed by 3 (three) additional working days after the original Time of Delivery. In such a case, an appropriate notice will be sent to you, and you will not have any claim, contention and/or demand in respect of these delays.
  1. In the event that Moxie becomes aware that, due to circumstances independent of Moxie, the delivery of the Product(s) cannot be completed, Moxie is entitled to cancel the transaction for the purchase of the Product(s) at any time, by giving you notice, without any obligation to make any payment.
  1. The return and/or exchange of the Product(s) will be made subject to, and in accordance with, the law.
  1. You may cancel the purchase of the Product(s), in accordance with the provisions of the law, including the Consumer Protection Law, 5741-1981, and subject to all of the conditions listed below:

    1. You provided a cancellation notice to Moxie, by clicking on the appropriate link on the Website, by email address info@moxietlv.com or by registered mail to the address: P.O. Box 23, Hod-Hasharon, 45100. (the “Cancellation Notice”).
  1. You returned the Product to Moxie within the period required by law.
  • If you have received a Product(s) and desire to cancel the transaction for the purchase of the Product(s), you must return the Product(s) (in its original packaging) to Moxie’s desginers or the dispatch location during business hours..
  1. If a significant impairment has been caused to the Product(s), before or during its return to the dispatch location or Moxie, Moxie is entitled to charge you for such impairment to the Product(s).
  1. In the event that one of the Products is not actually delivered to you at the Delivery Time and/or in the event that one of the Products is found to be defective, you must contact Moxie as soon as possible (using the contact details set out below), to handle the issue or to receive a refund for the defective and/or missing Product, as the case may be.

 

  1. In the event that you cancel the transaction due to a defect in the Product or due to a discrepancy between the Product received and the description of the Product on the Website or due to non-delivery of the Product to the Delivery Address at the Delivery Time, Moxie will not charge you any additional payment and Moxie will refund you all payments made within the framework of such transaction within 14 (fourteen) days of receipt of the Cancellation Notice (and the return of the Product) – all subject to the terms specified in these Terms of Use.
  • In the event that you cancel the transaction for other reasons (other than the reasons listed in paragraph (vi) above), Moxie will charge you a cancellation fee in the amount of 5% (five percent) of the price of the Product(s) or NIS 100 (one hundred New Israeli Sheqels), whichever is lower – and except for these charges, Moxie will refund you the amount of the transaction, within 14 (fourteen) days from the date of receipt of the Cancellation Notice (and the return of the Product(s)), and Moxie will cancel any additional charges relating to the transaction, if any.

Termination

  1. Moxie may, in full or in part, modify, suspend, block, cancel or terminate your Use of the Website, cancel a transaction for the purchase of Product(s), suspend a Member's privileges under the Moxie Membership Rewards Program, revoke any or all of the points in such Member’s Account, revoke the Member’s membership and take any other legal action or otherwise, with or without advance notice and without liability to Moxie, if you:
  1. impersonate another person and/or providing incorrect or incomplete information within the framework of your activity on the Website; or
  1. make commercial use of the Website and/or utilize the Website's platform, in any way for commercial use; or
  • collect information, directly and/or indirectly, in connection with other users of the Website; or
  1. copy and/or duplicate and/or distribute and/or publish and/or transfer (including through a third party) any content appearing and/or displayed on the Website, directly or indirectly and/or infringe any Intellectual Property; or
  1. introduce or install any viruses, worms or any other malicious code or computer software (including hostile software such as vandals, malicious applications, trojans etc.) on the Website, Moxie's computer or any server, computer, software, or other hardware or any attempt to do so; or
  1. perform any action aimed at activating or enabling the operation of any computer application or any other means, including software, such as Crawlers, Robots, etc., for the purpose of searching, scanning, copying or automatically retrieving content from the Website, create and/or use such means to create a compilation, collection or repository that contains content that originates from or is displayed on the Website; or
  • display the Website and/or content from the Website within a hidden or visible “Frame”; or
  • install or create a link on the Website (including on any page or component of the Website) to sites containing content that is in violation of the law, immoral, offensive or pornographic or any attempt to do so; or
  1. perform any action or omission which infringes the privacy of other users or causes loss or damage of any kind to the Website, Moxie or anyone on its behalf or any other third party; or
  1. violate the letter or spirit of these Terms of Use or Privacy Policy or otherwise creates risk or possible legal exposure for Moxie; or
  1. fail to comply with any applicable law, rule or regulation or order by a court, law enforcement or other government official or agency.
  1. Moxie reserves the right to take any steps that it reasonably believes are necessary, helpful or appropriate to enforce or verify compliance with these Terms of Use and the Privacy Policy.

Moxie Membership Rewards Program

  1. Moxie Membership is free of charge and no initial purchase is required in order to become a Member. Moxie, in its sole discretion, reserves the right to decline to approve your registration as a Member, for any reason. Moxie Membership is personal and intended for Members only.
  1. The Moxie Membership Rewards Program allows Members to collect points when making purchases on the Website and to redeem these points for rewards and/or benefits offered by Moxie from time to time. Members acquire no vested right or entitlement to the continued availability of any particular reward, benefit or redemption level. 
  1. You may become a Member provided that all of the following have been met: (i) you are a person with legal capacity to perform legal acts in accordance with the provisions of the Legal Competency and Guardianship Law, 1962; (ii) you are 18 (eighteen) years of age, or one of your parents (or guardian) has given their consent for you to become a Member and has also agreed to all of the terms of these Terms of Use and the Privacy Policy; (iii) you have carefully read and agreed to all of the terms of these Terms of Use and the Privacy Policy; and (iv) you have a valid email address.
  1. If a Member does not meet the capacity requirements set out above, all points awarded to such Member may be forfeited without prior notice and the Member's Account may be suspended or closed.
  1. Points can be earned by Members in connection with purchases of Products made through the Website, provided that the Member's email address is entered at the time of purchase. Points can also be earned by Members referring a friend who submits an order.
  1. Points can be redeemed for Product(s). When enough points have been accumulated to obtain the Reward(s) desired, redemption may occur through the Website. Points cannot be redeemed if the amount of points the Member wishes to redeem does not the minimum limit set by Moxie, from time to time. Members are entitled to purchase Product(s) by paying with a combination of points and cash. 
  1. A Member must provide his/her email address when redeeming points to protect the integrity of the Member’s points balance. 
  1. Points have no cash value and are not exchangeable for cash. The accumulation of points does not entitle the Members to any vested rights, and Moxie does not guarantee in any way the continued availability of any reward, redemption level, rebate or any other benefit. Moxie assumes no liability or responsibility to Members as regards the addition or deletion of Products from or for which points can be collected and/or redeemed.
  1. Except as permitted from time to time by Moxie, points cannot be assigned, exchanged, traded, bartered, purchased or given by gift or otherwise sold. Any points so acquired are void.  
  1. In the event of a return/exchange of Product(s) that initially earned points, such points will be deducted automatically from the Account that was used for the purchase of the Product(s) (whether or not the Member's email address is presented at the time of return and/or exchange). Points will be deducted at the same rate as they were earned.
  1. Upon return an refund of Products awarded through the redemption of points, all redeemed points will be returned or forfeited, as the case may be.
  1. Points will not be awarded if in Moxie’s reasonable opinion the Product(s) purchased will be used for resale or commercial use and any points awarded on such purchases will be forfeited.
  1. You may cancel your Moxie Membership at any time by giving Moxie a Cancellation Notice. Upon closure of a Membership, points are reduced to zero. Upon notification of the closure or cessation of the Moxie Membership Rewards Program, Members may redeem the points accumulated in their Account until the date specified in such notification, subject to these Terms of Use and the law, after which the points will be forfeited.

 

Direct Mailing And Advertising

  1. You agree that Moxie (and anyone on its behalf) may use the contact information you provide it on the Website and information collected about you during your Use of the Website: to interact with you; to offer and send you marketing content, direct mailing, newsletters, updates and advertising; and to notify you of Moxie's services, from time to time (“Mail”).
  1. The Mail will be sent to you via e-mail, SMS messages and/or any other means of communication.
  1. If you do not wish to receive Mail, you may contact us and request that your name be removed from the mailing list by following the instructions in the e-mail message sent to you, or by contacting us (see the contact details below).We will remove your information from the mailing list, in accordance with your request, the Telecommunications Law (Bezeq and Broadcasting), 5742- 1982, and the Privacy Protection Law, 5742- 1982.

Data Security

  1. Moxie or anyone acting on its behalf implements security measures to protect and secure the Website and all information contained or displayed on the Website, including taking precautions to preserve, as far as possible, the confidentiality of the information.
  1. Moxie does not guarantee or warrant that it is fully protected against attacks or penetrations made to the Website, its computers or systems or unlawful disclosure of stored information. In the event that a third party performs any such action and accesses information stored by Moxie or misuses it (including, by unlawfully disclosing it), you shall not have any claim, suit, demand or action against Moxie and Moxie assumes no liability or responsibility for any loss or damage of any kind caused to you as a result.
  1. Moxie assumes no liability or responsibility for any loss or damage of any kind caused to you, if any information that you provided is lost, disclosed to an unauthorized third party or is used without permission.
  1. You shall notify Moxie immediately of any breach of security or unauthorized use of your information. You may be liable for any damage or loss of any kind suffered by Moxie or third parties due to false, incorrect or incomplete information provided by you.

 

Limitation of Liability

  1. Moxie does not guarantee that the Website will operate continuously, uninterruptedly and be available at all times.
  1. Moxie may, at any time, without notice, limit the availability, modify, change or discontinue, interrupt the operation of or access to the Website or any portion of the Website, as it shall consider necessary, including in order to perform routine or non-routine maintenance, error correction, emergency repairs or other changes. Your responsibilities and obligations in accordance with these Terms of Use shall survive any such limitation of availability, modification, change, discontinuance or interruption.
  1. In the event that anyone, who is not under the control of Moxie, prevents Moxie from appropriately managing the services provided on the Website and/or if a problem with the computer or communication systems prevent the completion of any operation on the Website, Moxie is entitled to notify you about the cancellation of an action. In this case, any purchase paid by you and which was cancelled at the initiative of Moxie in such circumstances will be returned to you or alternatively, the debiting of your credit card will be canceled.
  1. During your Use of the Website you may suffer damage or loss of any kind as a result of interruptions, malfunctions, disruptions, delays, a decline in quality, a decline in condition, damage to service speed, damage to the manner of service, loss of communications, loss of information, damage to the processing of operations on the Website, theft of information from the Website or the disclosure of information contained on the Website by third parties who are not Moxie or a person on its behalf (“System Risks”), including where such damage or loss of any kind is caused by third parties or in any other way. Moxie shall not be liable for any damage or loss of any kind caused to you as a result of System Risks.
  1. Use of the Website or its associated sites may expose you to the dangers of using the Internet, including, hacking, attacks, penetration, viruses, malware, and the like. It is recommended that you install adequate protection and security software before any Use of the Website.
  1. Moxie shall not be liable for damage or loss of any kind for any acts or omissions as a result of interactions between users and any third party that is not Moxie or due to a mistake or error made by you during your Use of the Website or due to any unauthorised use of your information by any third party that is not Moxie or any false, incorrect or incomplete information provided by you.
  1. Moxie may engage third parties to use the Website for marketing and/or advertising purposes, and Moxie shall not be responsible for any loss or damage relating to the marketing and/or advertising content of any of the marketers or advertisers on the Website.
  1. Moxie shall fully cooperate with authorized bodies, including law enforcement authorities, or with any court order, which seeks or directs Moxie to disclose your identity if you have violated the provisions of these Terms of Use, Privacy Policy and/or any law, regulation or guideline that is legally binding, and/or have infringed or attempted to infringe or affect the rights of any third party.

Intellectual Property

  1. All pages, components, parts or elements of the Website and in connection with the Website, including all worldwide patents, designs, moral rights, trademarks, trade names, copyrights (whether such patents, designs, trademarks, trade names and copyrights are registered or unregistered), domains, logos, rights in respect of technical information, service marks, images, visual interfaces, graphics, designs, compilations, information, computer codes (including source code or object code), products, trade secrets, services and all other intellectual property rights in connection with the Website (“Intellectual Property”) are the exclusive property of Moxie or a third party which authorised Moxie to make use of its Intellectual Property.

 

  1. Any and all parts of the Intellectual Property of Moxie or a third party or any other matter relating to the Website shall not be used in any way, including copying, publicly displaying, publishing, distributing or transmitting it to any person by any means, without the prior written consent of Moxie or such third party in respect of their respective Intellectual Property.

Indemnity

  1. You undertake to defend (at Moxie's request), indemnify and hold harmless Moxie, its employees, and any party associated with or acting on its behalf, from and against any claim, suit, action, demand, liability, payment or expense (including attorney's fees and legal expenses): (i) incurred by any of them; or (ii) made against any of them by a third party; as a result of your breach of any of the provisions of these Terms of Use and the Privacy Policy

Assignment

  1. Moxie may assign its rights or obligations regarding any matter in connection with the Website to any party who accepts the provisions of these Terms of Use.

Governing Law

  1. These Terms of Use shall be governed in all respects by the laws of the State of Israel. You agree that any dispute arising from the Terms of Use or in connection with the Website will be determined by the exclusive jurisdiction of the competent court in the District of Tel Aviv-Jaffa.

Contact Information

  1. If you have any questions or comments about the Website or these Terms of Use, you may contact us:

    By Email: info@moxietlv.com 

    By Post: P.O. Box 23, Hod Hasharon, 45100