EFFECTIVE DATE: 28-APR-2023
1.1 These Terms and Conditions apply to the online offer of “BestSeller” (hereinafter called: Website). This is a website on which you can order subscriptions for digital content (hereinafter called: Noiseproof Summaries) in return for a charge.
1.2 These Website terms of use (“Terms”) set out the terms of use under which you may use this Website, www.BestSeller.xyz (“Website”). Please read these Terms carefully and ensure that you understand them. Your agreement to comply with and be bound by these Terms is deemed to occur upon your first use of the Website. If you do not agree to comply with and be bound by these Terms, you must stop using the website.
1.3 You acknowledge and agree that you have a duty to read this agreement before you use the website and access any Noiseproof Summary. Your use of the website and/or a Noiseproof Summary constitutes your manifestation of assent to and acceptance of these general terms and conditions. If you do not agree to these terms and conditions, you are expressly prohibited from using the website and/or Noiseproof Summary. You warrant and agree that you have the right, power, and legal capacity to enter into, agree to and adhere to these terms and conditions.
1.4 The use of the Website shall be subject to the following General Terms and Conditions (“General Terms and Conditions”) in the version valid at the time of your registration respectively order. BestSeller does not acknowledge any different general terms and conditions belonging to you unless BestSeller agrees to their validity in writing.
1.5 No separate contract text is provided for the agreement pertaining to the use of the Website. The content of the agreement between you and BestSeller is based on these General Terms and Conditions, as well as on the specific information provided to you as part of the registration (see Section 7) and/or when ordering a paid subscription (Section 16), that will be saved by BestSeller and that is available in your user account at any time.
1.6 You accept the validity and applicability of these General Terms and Conditions when accessing the website, registering, purchasing a paid subscription, as the case may be.
In these Terms, unless the context otherwise requires, the following expressions have the following meanings:
“Gi Inc/We/Our/Us”. Gi Inc, a company registered in Israel whose address is Derech Ha’atzmaut 45, Haifa, 33034.
“BestSeller/Website/Service”. BestSeller is an e-learning website that delivers “NoiseProof Summaries” of non-fiction books.
“User/Users/You”. Any individual that access the website, or, the legal entity the individual is authorized to represent. If you are accessing the service on behalf of your employer, you warrant that you have the authority to agree to these terms on its behalf.
“Book`s idea”. The main idea in a non-fiction book.
“Book`s explanation”. The most important information outlined in a non-fiction book.
“Book`s noise”. The less important information outlined in a non-fiction book.
“Idea, Explanation, Noise Pattern”. We discovered that all non-fiction books communicate ideas in the exact same way, using the same pattern: idea, explanation, noise. The noise is randomly scattered throughout the book, and it distracts our attention from the book`s explanation.
“Visual Map Method”. A method we invented and use to identify the randomly scattered noise in a book, remove that noise and then provide the book`s main idea and explanation without missing their most important information as a “Noiseproof Summary”.
“Noiseproof Summaries”. Summaries that provide the main idea and explanation in non-fiction books without missing their most important information.
“Content”. Any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on or forms part of the Website.
3.1 Company`s information:
3.2 The Website, BestSeller.xyz, is owned and operated by Gi Inc (Gi-INC.xyz).
4.1 BestSeller is an e-learning website that delivers “NoiseProof Summaries” of non-fiction books. “Noiseproof Summaries” are summaries that provide the main idea and explanation in non-fiction books without missing their most important information.
5.1 Access to the Website is free of charge. It is your responsibility to make any and all arrangements necessary in order to access the Website.
5.2 BestSeller aims to run the Website without errors. This is of course limited to the services which BestSeller can influence.
5.3 Access to the Website is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue the Website (or any part of it) at any time and without notice. We will not be liable to you in any way if the Website (or any part of it) is unavailable at any time and for any period.
5.4 BestSeller is at liberty to restrict access to the Website, either in full or in part, including Noiseproof Summaries, temporarily or permanently, due to servicing, capacity issues and other events beyond its realm of influence.
5.5 We will not be liable to you in any way if the Website (or any part of it) is unavailable at any time and for any period.
6.1 To use the Website you must be, and represent and warrant that you are, at least 18 years of age and competent to agree to these Terms.
6.2 As a minor, you may only access BestSeller if you are at least 14 years old and your legal representatives have provided their consent. BestSeller reserves the right to make the use of BestSeller services contingent on proper proof of your identity, your legal age, or your legal representative’s consent.
6.3 If BestSeller has previously prohibited you from accessing or using the Website, you are not permitted to access or use the Website.
7.1 To access the Service and Website, you must register for a BestSeller account (“User Account”) by creating a username and password. You agree to provide us with accurate, complete, and current registration information about yourself. The registration itself is free of charge (free account) and does not oblige you to pay any fee.
7.2 Your User Account consists of your email address and a password (“Login Data”). You can use your e-mail address as well as a password of your choice to register. You warrant that your Login Data is correct and complete and always up-to-date.
7.3 BestSeller has the right to save and process the data you provided during registration, in accordance with the provisions on Data Protection.
7.4 Your account email address is then also used for communication with BestSeller, and you agree that BestSeller may contact you by any available means, including, but not limited to, by email.
7.5 By registering, you agree that you are fully responsible for all activities that occur under your username and password. We may assume that any communications we receive under your account have been made by you (“Account Owner”). As an Account Owner, you represent and warrant that you are authorized to make decisions on behalf of that account and agree that BestSeller is entitled to rely on your instructions.
7.6. You warrant that you will treat the Login Data confidentially. You are without exception prohibited from passing on the login data to third parties and/or to provide third parties with access to your profile by avoiding transfer of the login data. You acknowledge and agree that you alone are responsible for, and BestSeller will not be held liable for, any costs or fees incurred through use of your Login Data.
7.7 It is your responsibility to ensure that your password remains confidential and secure. BestSeller will not be liable for any loss, damages, liability, expenses or attorneys’ fees that you may incur as a result of someone else using your password or account, either with or without your knowledge and/or authorization, and regardless of whether you have or have not advised us of such unauthorized use. You will be liable for losses, damages, liability, expenses and attorneys’ fees incurred by BestSeller or a third party due to someone else using your account.
7.8 You are responsible for notifying us at hello@gi-inc.xyz if you become aware of any unauthorized use of or access to your account. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account.
7.9 In the event that the Account Owner loses access to an account or otherwise requests information about an account, BestSeller reserves the right to request from the Account Owner any verification it deems necessary before restoring access to or providing information about such account in its sole discretion.
8.1 You understand and agree that BestSeller is the owner, or licensee, of all rights in and to the Website and its associated content and Noiseproof Summaries, including but not limited to all intellectual property and any other property or proprietary rights. The Website and Noiseproof Summaries protected by all applicable laws, intellectual property or otherwise, and you are expressly prohibited from using the Website and/or Noiseproof Summaries for any purposes not explicitly stated in this Agreement, absent separate written agreement signed by BestSeller.
8.2 BestSeller is the owner of all trademark, trade name, and/or service mark rights, whether registered or under common law, of all its marks, including, without limitation, YOU ARE WHAT YOU KNOW, IDEA EXPLANATION NOISE PATTERN, VISUAL MAP METHOD, NOISEPROOF SUMMARIES, and its Logo. You are hereby prohibited from using the trademarks, service marks, design marks, and logos of BestSeller, or any colorable imitation thereof, or any mark not owned or licensed by you, as an indicator of source, as a part of a domain name, or in any way that is likely to cause confusion without the prior written consent of BestSeller. All trademarks, images, copyrights or rights of publicity displayed in connection with your use of the Website and/or Noiseproof Summaries are the property of their respective owners. All BestSeller trademarks as well as our trade names, logos, domain names and other distinctive features of the BestSeller trademark are the sole property of Gi Inc. The license does not give you any right to use the BestSeller trademarks, our trade names, logos, domain names or any other distinctive features of the BestSeller trademark, be it for commercial or non-commercial purposes. All other trademarks, product names and company names or logos used in this Website are the property of their respective owners. No permission is given by The Book Depository in respect of the use of its or any such other trademarks, product names, titles or logos and such use may constitute an infringement of the holder’s rights.
8.3 The Website, Noiseproof Summaries and related materials, including but not limited to any software, design, text, photographs, images, illustrations, graphics, sounds, music, videos, scripts and interactive features, statistics, names, logos, trademarks, services marks, as well as its associated data and services generated by us, is the property of, owned by and licensed through Gi Inc. Gi Inc. grants you a limited, non-exclusive, royalty free, non-sublicensable, nontransferrable, and non-assignable license to access the Website, Content and Noiseproof Summaries to be used for non-commercial, personal purposes. You and/or participant may not grant sub-licenses. At any time, only one person with the same ID and password may access the Noiseproof Summaries database, unless expressly agreed otherwise.
8.4 BestSeller grants you a simple, non-exclusive right of use for the Noiseproof Summaries made available during the contract term. The BestSeller Website and content are licensed to you within the scope of the contractual use. We only grant you a non-exclusive (simple), time-limited right to personal use of the BestSeller service and its contents.
Upon your purchase of a subscription, and payment of any applicable fees (including applicable taxes), BestSeller immediately grants you full access, and non-exclusive right to view, use, and display all Noiseproof Summaries content an unlimited number of times, only as long as you have an active user account, solely through any device from which you can access BestSeller.xyz website, and solely for your personal, non-commercial use. Noiseproof Summaries are licensed, not sold, to you by BestSeller. Before submitting your order, you may change and view the data at any time.
8.5 Any use exceeding this is only permissible after BestSeller has given its prior written consent. Without the prior written consent of BestSeller, Noiseproof Summaries may not be copied in full or as excerpts, may not be forwarded to third parties electronically or otherwise made accessible to them, distributed, sold, published or used for business.
8.6 Unless stipulated otherwise by the applicable mandatory law, you may not reproduce, copy, distribute, sell, rent, sub-license, store, or in any other manner re-use Content from the Website, unless given express written permission to do so by us.
8.7 This Website is strictly for personal and non-commercial use. You agree not to use the Website for commercial or business purposes or to place orders which will be, or are being, sold on to a third party. If you are suspected of using the Website in any of these ways then we reserve the right to cancel your order(s).
8.8 The Website (all content) are also protected by applicable Israeli and international intellectual property laws and treaties. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Website.
8.9 You acknowledge that the Website have been developed, compiled, prepared, revised, selected, and arranged by Gi Inc. and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitute valuable intellectual property of Gi Inc. and such others.
8.10 You agree to notify Gi Inc. immediately upon becoming aware of any claim that the Website infringe upon any copyright, trademark, or other contractual, statutory, or common law rights. Any unauthorized use of any material contained on or through the Website may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.
9.1 All Users must comply with the following rules regarding acceptable use of the Website. You must refrain from any activities that might impact and/or put excessive strain on website operations and the underlying technical infrastructure. In particular, these include:
9.2 You may not utilize the website to carry out, promote or support:
9.3 You may not post any User Content on the Website that:
9.4 Temporary restrictions may be applied to an account if suspicious activity patterns are recognized. In addition to any other remedies that may be available to us, BestSeller reserves the right to take any remedial action it deems necessary, including immediately suspending or terminating your account or your access to the Website, upon notice and without liability for BestSeller should you fail to abide by the rules in this Section 9 or if, in BestSeller’s sole discretion, such action is necessary to prevent disruption of the Website for other users. If you are an Account Owner, BestSeller reserves the right to notify you of any violations of these Terms.
10.1 Users may post reviews, comments, photos, and other content; and submit suggestions, ideas, comments, questions, or other information to BestSeller. User Content submitted or otherwise made available to the Website is subject to the following terms:
11.1 When you visit BestSeller or send e-mails to us, you are communicating with us electronically. Communications sent to BestSeller by means of the Website or e-mail are not considered delivered or effective unless and until they are actually received and processed by BestSeller’s responsible representative. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
It is hereby clarified and agreed that the following terms shall apply to the Website content and Noiseproof Summaries:
12.1 We discovered that all non-fiction books communicate ideas in the exact same way, using the same pattern: idea, explanation, noise. This pattern means all non-fiction books have three ingredients: idea, explanation and noise. The title of the book, printed on the cover, reflects the main idea. You will find the explanation and noise inside the book. The Explanation is the most important part of a book, while the Noise is less important.
12.2 The noise is randomly scattered throughout the book, and it distracts our attention from the book`s explanation. The noise can be a sentence, a paragraph, multiple paragraphs, even a complete page. A typical book can have more than 100 cases of “noise” scattered in random places.
12.3 There are many types of noises that can be found in a book. The number and types of noises in a book are solely derived from the book`s author writing style.
12.4 We identify the noises in the book in the most objective manner possible by comparing the text to the different noise types. Any piece of text in a book that matches a noise type is considered a noise.
12.5 Our writers use the Visual Map method to identify the randomly scattered noise in a book, remove that noise and then provide the book`s main idea and explanation without missing their most important information as a “Noiseproof Summary”.
12.6 Noiseproof Summaries are written by real writers. Therefore, they can be subject to human error. Please let us know if you believe that a crucial piece of information, from the original book is missing in our Noiseproof Summary.
12.7 Classifying which information in the book is the most important (explanation) or less important (noise) is based on many parameters such as, among other things:
12.8 BestSeller is an e-learning website that delivers “NoiseProof Summaries” of non-fiction books. “Noiseproof Summaries” are summaries that provide the main idea and explanation in non-fiction books without missing their most important information.
13.1 It is hereby clarified and agreed that 3 different types of individuals can visit BestSeller.xyz Website:
13.2 The Service features and functionalities available to Visitors, Users and Customers are determined by the specific terms outlined in this Terms of Use document.
13.3 We refer to these three types of individuals collectively as “Users” or “you” for purposes of these Terms. Regardless of what type of User you are, these Terms create a legal agreement directly between you and BestSeller and explain the rules governing the use of the Website.
14.1 It is hereby clarified that the following benefits are available only to Users and Customers:
14.2 The benefits specified in section 14.1 are not available for Visitors.
14.3 BestSeller reserves the right, in its sole discretion, to change the benefits, at any time.
15.1 Accessing the Noiseproof Summaries content is subject to the following access terms:
16.1 To be able to fully benefit from BestSeller’s services, additional service packages in the form of paid subscriptions (“Subscription Plans”) are available to you after registering. These can be purchased for different, and variable periods of time, which you will see in the order options.
16.2 BestSeller’s Subscription Plans are ad-free, paid subscriptions that allow you to get full access for all Noiseproof Summaries through our Website. We currently offer the following Subscription Plans:
You will have full access to all Noiseproof Summaries as long as your subscription is valid.
16.3 You submit a legally binding offer for a fee-based subscription, if you enter the information requested in the online order form and then click on the “Subscribe Now” button. By doing so, you submit a legally binding offer for an agreement for a paid subscription. Before submitting your order, you may change and view the data at any time.
16.4 The contract is concluded when BestSeller issues a notice of acceptance (order confirmation), which will be sent to you by email within a reasonable time. When you purchase your fee-based subscription via BestSeller’s web-based application, our online reseller (Paddle.com) will send the order confirmation to you by email together with the receipt confirmation immediately following your order. Your subscription begins on this date. The text of the agreement is saved subject to data protection. Please read our Privacy Policy for information on the collection, use and processing of your data.
17.1 BestSeller offers the following pricing: Preview each Noiseproof Summary for free, and subscribe for an affordable price to get full access to all Noiseproof Summaries.
17.2 Payment is by credit card (and additional payment methods, if available) in the currency displayed in the checkout procedure. Your credit card details (card type, credit card number, expiration date and cardholder name) or invoicing details can be sent to BestSeller via the internet.
17.3 If you pay by credit card, your credit card account is debited with the amount owed at the time of concluding the order. You agree that your credit card will be charged on a recurrent basis, according to the type of subscription selected unless terminated (according to section 23).
17.4 You acknowledge and agree that BestSeller does not own or control third party payment processors and will not be held liable for any claims, demands, causes of action, debts, liabilities, damages, costs, or expenses, including costs and reasonable attorney’s fees, arising out of or in relation to your use of the same, and you are advised to read the terms of use agreement of any such third party. You agree to allow BestSeller to exchange your payment information with such third-party service providers.
17.5 You agree that the personal data you entered in checkout page (first name, last name, email, address) will be used consistent with our Privacy Policy.
17.6 The conclusion of a Subscription Plan (section 16) is subject to payment and must be paid at the beginning of the subscription.
17.7 BestSeller grants you a simple, non-exclusive right of use for the Noiseproof Summaries made available during the contract term. The BestSeller Website and content are licensed to you within the scope of the contractual use. We only grant you a non-exclusive (simple), time-limited right to personal use of the BestSeller service and its contents.
Upon your purchase of a subscription, and payment of any applicable fees (including applicable taxes), BestSeller immediately grants you full access, and non-exclusive right to view, use, and display all Noiseproof Summaries content an unlimited number of times, only as long as you have an active user account, solely through any device from which you can access BestSeller.xyz website, and solely for your personal, non-commercial use. Noiseproof Summaries are licensed, not sold, to you by BestSeller. Before submitting your order, you may change and view the data at any time.
17.8 As part of your Subscription Plan, your payment obligation to BestSeller will be automatically renewed at the end of the relevant subscription term if you do not cancel your paid subscription at least 24 hours before the end of the term (Section 23).
17.9 You are not entitled to alter, modify, sell, transfer, share, lease, decompile, disassemble, reverse engineer, copy, reproduce, duplicate, distribute, publicly perform, create derivative works from or otherwise commercially exploit the Noiseproof Summary or otherwise use and/or export the Noiseproof Summary content outside the BestSeller Library. Any unauthorized transfer, duplication, or exploitation of any Noiseproof Summary Content constitutes copyright infringement, breach of contract, and potential other violations and liabilities, and is subject to civil and criminal penalties.
17.10 When you purchase a subscription via BestSeller.xyz website, BestSeller will send the order confirmation to you by email together with the receipt confirmation immediately following your order.
17.11 The order confirmation is saved subject to data protection. Please read our Privacy Policy for information on the collection, use and processing of your data.
17.12 BestSeller in its absolute and sole discretion, reserves the right to refuse orders for subscriptions placed through the Website, and – taking into account the particular circumstances of the case – in the event of fraud or abuse by a user, the right to temporarily block the access or to remove the Noiseproof Summary available in the library of that user.
17.13 BestSeller reserves the right, in its sole discretion, to change prices of Subscription Plans, without notice at any time. We reserve the right at any time to modify or discontinue the Website (or any part or content thereof) without notice at any time. We shall not be liable for you or any third-party for any modification, price change, suspension or discontinuance of the Wesbite.
17.14 BestSeller will not be liable to you for any indirect or consequential loss or damage arising out of any problem you notify to BestSeller under this condition and BestSeller shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the Noiseproof Summaries you’ve purchased.
18.1 The subscription ends with the expiration of the agreed term.
18.2 The subscription is renewed automatically unless canceled 24 hours prior to expiration in writing by email (to hello@gi-inc.xyz). Unless canceled within the given period, the subscription is automatically renewed by the relevant stated contract term).
19.1 Our Refund Policy is subject to the following terms:
20.1 Our online order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our online orders. Paddle.com provides all customer service inquiries and handles returns.
21.1 The Content presented on the Website is made available solely for general information purposes. Nothing on the Website constitutes advice on which you should rely. Any reliance that you place on such information is strictly at your own risk.
21.2 To the extent permitted by law, we exclude all representations, warranties, and guarantees (whether express or implied) that may apply to the Website or any Content included on the Website. To the extent permitted by applicable law, we make no representation, warranty, or guarantee that the Website will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
21.3 We make reasonable efforts to ensure that the Content on the Website is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, up-to-date or suitable for any particular purpose.
21.4 The information contained in this Website and Noiseproof Summaries may contain technical inaccuracies, typographical errors or other inadvertent errors. All liability of Gi Inc. however arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by applicable law.
21.5 BestSeller provides the website and/or Noiseproof Summaries on an as-is basis and without warranty of any kind, whether express, implied, or statutory, including but not limited to warranties of merchantability, quality, fitness for a particular purpose, noninfringement, or accuracy. You acknowledge and agree that you use the Website and/or Noiseproof Summaries at your own risk and that BestSeller will not be held liable for any defects, errors, omissions, bugs, or downtime. Any attempt by Gi Inc. to modify the website and/or Noiseproof Summaries will not be deemed to be a waiver of this limitation of liability. Gi Inc. will not be held liable for any third-party content contained within the website and/or Noiseproof Summaries or any third party links or advertising accessible through the website.
21.6 It is hereby clarified and agreed that Gi Inc. shall have no liability for any Content appearing in the Website including Noiseproof Summaries. Gi Inc doesn`t guarantee the quality, correctness, validity, accuracy, wholeness and/or the suitability of such information including Noiseproof Summaries content for any purpose.
21.7 To the extent permitted by applicable law, we accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) the Website or the use of or reliance upon any Content included on the Website. Gi Inc. will not be held liable for any damages, including without limitation consequential damages, incidental damages, punitive damages, special damages, exemplary damages, indirect damages, lost profits, lost savings, business interruption, or lost information arising out of the use, whether proper or improper, of the Website and/or Noiseproof Summaries, even if you have been advised of the possibility of such damages.
Gi Inc. does not assume responsibility for any error in, omission of, interruption of, deletion of, defect in, destruction of, unauthorized access to, or alteration of any data. You bear the sole responsibility to protect and backup your own data, network, hardware, systems, servers, software, computers, phones, and security.
21.8 Under any circumstances, you acknowledge and agree that Gi Inc.`s maximum liability under this agreement will be limited to the amount that you paid for the Website and/or Noiseproof Summaries. The limitations, exclusions, and disclaimers listed in this section will apply to the maximum extent permitted by law, even if any remedy fails of its essential purpose.
21.9 We exercise all reasonable skill and care to ensure that the Website is free from viruses and other malware. We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of the Website (including the downloading of any Content from it) or any other site referred to on the Website. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Service and Website for any reconstruction of any lost data.
21.10 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
21.11 Gi Inc. reserves the right at any time to modify or discontinue, temporarily or permanently, the Website (or any part thereof), with or without notice. You agree that Gi Inc. shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service and Websites.
21.12 Neither Gi Inc nor any of its Directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this Website in any way. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
21.13 BestSeller disqualifies any claims for damages coming from you. This does not apply to claims for damages arising from fatal injuries, physical injuries, health damage or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by BestSeller, its legal representatives or affiliates. Essential contractual obligations are those the fulfillment of which enables the proper execution of the Agreement in the first place and on the fulfillment of which you can trust.
21.14 In the event of a breach of essential contractual obligations, BestSeller shall only be liable for the typical, foreseeable damages stipulated in a contract, if they were simply caused by negligence, unless it also involves claims for damages due to fatal injuries, physical injuries or damages to health.
If we fail to comply with these Terms, we are responsible for loss or damage that you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was an order that was accepted.
21.15 The restrictions mentioned in Section 21.13 and 21.14 also apply to breaches of duty by BestSeller’s affiliates and legal representatives, if claims are made directly against them.
22.1 The Website may provide (1) information and content provided by third parties; (2) links to third-party websites or resources, such as sellers of goods and services; and (3) third-party products and services for sale directly to you. Gi Inc. is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for (i) any content, advertising, products, or other materials on or available from such sites or resources, (ii) any errors or omissions in these websites or resources, or (iii) any information handling practices or other business practices of the operators of such sites or resources. You further acknowledge and agree that Gi Inc. 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 use of or reliance on any linked sites or resources. Your interactions with such third parties will be governed by the third parties’ own terms of service and privacy policies, and any other similar terms.
23.1 We are in compliance with the requirements of COPPA (Children’s Online Privacy Protection Act). The Website and/or Noiseproof Summaries are not aimed to persons under the age of eighteen (18) and BestSeller will not knowingly collect personally identifiable information from children under the age of thirteen (13) absent the requirements set forth in these Terms and Conditions. If BestSeller inadvertently collects personally identifiable information, BestSeller will delete the personally identifiable information in accordance with its security protocols, upon notice.
24.1 You agree to indemnify, hold harmless, and defend BestSeller, its officers, members, employees, agents, and directors from and against any and all claims, demands, causes of action, debts, liabilities, damages, costs, or expenses, including costs and reasonable attorney’s fees, arising out of or in relation to your use of the Website and/or Noiseproof Summaries, your violation of a term or provision of these Terms and Conditions, or your violation of the rights of a third party. You agree that your obligation to hold harmless, defend, and indemnify BestSeller will survive the termination or failure of these Terms and Conditions and your use of the Website and/or Noiseproof Summaries. You acknowledge and agree that your obligation to defend BestSeller will not provide you with the right to control BestSeller`s defense and you expressly agree that BestSeller has the right to direct and control its defense regardless of your obligation to defend BestSeller.
25.1 The free usage agreement starts from the time you register according to Section 7 of these Terms of Use and runs indefinitely. You may cancel the free usage agreement at any time. To this effect, you can delete your account via our Website in the “Profile Settings” menu item.
25.2 The paid Subscription Plan (see Section 16) will run for at least the term you originally selected and will automatically renew if it is not canceled at least 24 hours before the end of that period. The subscription term will be extended according to the subscription model used so far.
25.3 You can cancel your Paid Subscription via our Website in the “Profile Settings” menu item of the Website. To do this, you must log in, open the Profile Settings in the context menu and click on “Cancel subscription”.
25.4 The Subscription Plan cancellation takes effect immediately, and you will be downgraded to the free user agreement (free account). However, once you renew a subscription again, you will be able to access your old status and reading lists. If you wish to delete your entire account, you can do so from the settings on our Website. All data will be deleted irrevocably.
25.5 The right to blocking and cancellation for an important reason due to a good cause remains unaffected by the preceding provisions.
26.1 For information about how we collect, use, and share the data we collect from and about you, please see our Privacy Policy which is incorporated by reference into these Terms.
27.1 We may, from time to time, modify these Terms. Please check this page periodically for updates. We will comply with applicable local legal obligations to provide you with notice of changes to these Terms by sending you the new version of the Terms to the e-mail address specified by you in the registration. Your continued use of the Website after any such update constitutes your acceptance of such changes.
27.2 In the event of any conflict between the current version of these Terms and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
Please refer to our Cookies Policy.
29.1 Please note that these Terms, and their subject matter and formation, are governed by the laws of Israel.
29.2 You can contact Gi Inc. if you have any complaints or disputes about the Website. You and Gi Inc. shall use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which shall be a precondition to either party initiating a lawsuit or other form of complaint.
29.3 If we do not reach an agreed-upon solution within a period of 30 days from the time informal dispute resolution is pursued, to the extent permitted by applicable law, all controversies, disputes, demands, counts, claims or causes of action between you and Gi Inc. arising out of, under, or related to the Website shall be submitted to the exclusive jurisdiction of the courts of Israel.
29.4 Gi Inc. does not warrant or guarantee that compliance with these terms and conditions will be sufficient to comply with your obligations hereunder, under applicable law or with third party rights. Given the global nature of the internet, you agree to comply with all laws and rules where you reside or where you use the Website and/or Noiseproof Dummaries. The Website is operated worldwide and Gi Inc. makes no representation that its Website and/or Noiseproof Summaries are appropriate, lawful, or available for use in your location. Gi Inc. does not offer its websites and/or Noiseproof Summaries where prohibited by law.
30.1 The exclusive jurisdiction, including venue, for all disputes arising under or in connection with these Terms and Conditions or related to any matter which is the subject of these Terms and Conditions between you and BestSeller shall be Haifa, Israel, with Gi Inc. reserving the right, at its sole and absolute discretion, to assert claims against you at your place of business. You acknowledge and agree that you are subject to the exclusive jurisdiction in Haifa, Israel based upon your use of the Website and/or Noiseproof Summaries.
30.2 Deviations from the present General Terms and Conditions are only valid if they are agreed in writing. Gi Inc. does not acknowledge any different general terms and conditions belonging to you unless Gi Inc. agrees to their validity in writing.
30.3 You and Gi Inc agree that any cause of action arising out of or in connection with this agreement or related to the website and/or Noiseproof Summaries provided under this agreement must commence within one year after the cause of action accrued. Failure to assert said cause of action within one year will permanently bar any and all relief.
30.4 You will only be permitted to pursue claims against Gi Inc. on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
30.5 If we fail to insist that you perform any obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived such rights and will not mean that you do not have to comply with your obligations. If we do waive a failure or breach by you, we will only do so in writing and that will not mean that we automatically waive any future failure of breach by you.
30.6 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect. If the contract contains invalid provisions, this shall not affect the validity of the contract as a whole.
30.7 The section titles in these Terms are for convenience only and have no legal or contractual effect.
30.8 The website and service are exclusively provided based on these General Terms and Conditions. We hereby object to any inclusion of your General Terms and Conditions contrary to our General Terms and Conditions.
30.9 No waiver. If we fail to insist that you perform any obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived such rights and will not mean that you do not have to comply with your obligations. If we do waive a failure or breach by you, we will only do so in writing and that will not mean that we automatically waive any future failure of breach by you.
30.10 These Terms and Conditions, including the Privacy Policy and Cookies Policy hereby incorporated, constitute the entire agreement between the parties related to the subject matter and supersedes all prior agreements, statements, or representations.
30.11 You agree that any and all disputes arising under or in connection with these terms and conditions or related to any matter which is the subject of these terms and conditions, including, without limitation, your use of the Website and/or Noiseproof Summaries, whether sounding in contract, tort or otherwise, shall be governed by and interpreted exclusively in accordance with substantive Israeli law.
30.12 We may deliver notice to you by e-mail, posting a notice on the Service and Websites or any other method we choose and such notice will be effective on dispatch. If you give notice to us, it will be effective when received and you must use the following physical or email address:
(1) Gi Inc, Derech Ha’atzmaut 45, Haifa, Israel, 33034.
(2) Hello@Gi-INC.XYZ
30.13 BestSeller is located at Derech Ha’atzmaut 45 Street, Haifa, Israel. If you have any questions about these User Terms of Service, please email us at hello@gi-inc.xyz
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