Terms and Conditions
By using this site, I agree to be bound by, and to comply with, these Terms & Conditions and I am confirming that:
I have read the following Terms and Conditions.
I understand all such terms and that these Terms and Conditions, together with all policies are an inseparable part of a binding agreement between me and OmniJay (the “Agreement“).
All the information provided in this application is true and correct and that I will notify OmniJay of any material changes.
OmniJay may not be able to ascertain the appropriateness of any product to me, including due to lack of experience or undisclosed information.
I have entered full, accurate and truthful details, including my residential address and identity.
OmniJay reserve the right, at its sole discretion, at any time without limitation, to change, amend or modify any of the terms and conditions set out in this agreement by posting such information on our website thus making them effective immediately.
Introduction
OmniJay offers access to its website and services to clients that accept the terms and conditions. By using the website you explicitly confirm that you have read these Terms and Conditions and agree to them.
Our obligations are subject to any limits or restrictions which we may agree in writing, and any statutory, regulatory, legal or market requirements.
The following terms and conditions apply to all users and in case you require additional information on any of the subjects presented below, feel free to contact our customer support at any time. You must first read and then accept these Terms and Conditions in order to benefit of the best services provided by OmniJay and the agreement is effective upon acceptance.
Do not abuse the license or services provided to you. By accepting the Terms and Conditions you will be granted a limited license, but you can’t deep-link to the website, copy and resell the materials appearing on OmniJay.
Do not provide false or inaccurate information. The license granted will be terminated if we notice that the data you provide is not accurate and you will block the access to the site.
General Terms and Conditions of Use
The Introduction to these terms and conditions is inseparable part thereof and together with all company policies constitute a binding Agreement between the User and OmniJay.
You and any person making use of the Site are referred to hereunder as “User” and/or Client.
By accessing, visiting and/or using this Site, any person so doing (hereinafter: “User”) unequivocally and unreservedly expresses his or her binding agreement to any and all of these Terms and Conditions, constituting a binding agreement between the User and OmniJay, and undertakes to fully comply therewith. Any and all activity on, with and/or via this Site shall be governed by these Terms and Conditions.
BY USING THIS SITE IN ANY WAY YOU CONFIRM YOUR UNREVOCABLE ACCEPTANCE AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS.
IF YOU DO NOT ACCEPT ANY OF THESE TERMS AND CONDITIONS OR ANY OF THE POLICIES – YOU CANNOT USE OMNIJAY’S SERVICES AND PLEASE STOP USING THIS SITE AT ONCE.
Permitted Use
Any User must be legally permitted to engage in usage of this Site under the laws applicable to him/her. User represents that he or she has full legal capacity to enter into legally binding agreements. Users may not make commercial and/or serial and/or automated use of this Site. This Site strictly forbids any use of data mining, data gathering, bandwidth theft, offline browsing plug-ins and software and/or download and/or batch download or access and any access via any software except for the main common and official web browsers.
Linking to this Site
Creating or maintaining any link from another Site to any page on this Site, without OmniJay’s written permission is prohibited. Running or displaying this Site or any information or material displayed on this Site in frames or through similar means on another Site without our prior written permission is prohibited. Any permitted links to this Site must comply will all applicable laws, rules and regulations and ethical conduct on the internet.
IP and Copyright Notice
All texts, graphics, sounds, information, designs, applications, content, source codes and object code files, and other material displayed on or that can be downloaded from this Site are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with prior written permission of the owner of such material (hereinafter: “information” or “data“). The information on this Site belongs to OmniJay or its respective affiliates and suppliers and may not be copied or used without prior approval. You may not modify the information or materials displayed on or that can be downloaded from this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.
Force majeure
Though we will endeavor to comply with our obligations in a timely manner we will incur no liability whatsoever for any partial or non-performance of our obligations by reason of any cause beyond our reasonable control including but not limited to any communications, systems or computer failure, suspension, or the imposition or change (including a change of interpretation) of any law or governmental or regulatory requirement and we shall not be held liable for any loss you may incur as a result thereof.
Trademarks
Certain trademarks, trade names, service marks and logos used or displayed on this Site are registered and unregistered trademarks, trade names and service marks of OmniJay and its affiliates. Other trademarks, trade names and service marks used or displayed on this Site are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Site without the written permission of OmniJay.
Unlawful usage
You are prohibited from making any unlawful usage of this Site, and are informed and aware to the fact that in addition to these terms and conditions and any and all policies for usage of this Site, you may and are expected to be subjected to laws and regulations applicable in your or any relevant jurisdiction. OmniJay does not encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials and/or User from this Site. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
User undertakes that any and all information provided by him is true, accurate, complete and up-to-date.
User undertakes to indemnify, defend and hold OmniJay harmless, as well as any and all of its subsidiaries, agents, employees and/or officers, against or from any liabilities, obligations, claims, debts, expenses etc., in any way connected with any misuse or abuse of the site, information or services provided or contained herein, including in particular (but not limited to) any breach of these Terms and Conditions and/or violation of any law whatsoever (including any violation or infringement of any third party rights) and/or any breach of any applicable third party terms and conditions;
User acknowledges that the information and numbers presented on OmniJay’s website may contain inaccuracies and can change from time to time, and that OmniJay will not be held responsible for the accuracy or incompleteness of said information on OmniJay’s website. User agrees that the use of the website and all the information and material on it shall be at User’s sole risk.
The Site may be, at any time and at OmniJay’s sole discretion, be off-line for maintenance or for any other reason, and service may be denied, temporarily and/or continually and/or indefinitely, of any person at no liability to OmniJay.
OmniJay doesn’t guarantee that you will be able to access the website at any time and location and it doesn’t make any warranties with respect to the web site content.
OmniJay, does not assume any responsibility, or will be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Site, or your downloading of any information or materials from this Site.
Revisions to these Terms and Conditions
Without prejudice to the above, User acknowledges and accepts that OmniJay and its legal advisors are fully entitled at all times to amend, add to and/or revoke any and all of these Terms and Conditions, at its sole discretion, without giving User any notice thereof. Any such amendment, addition or revocation shall become fully effective and binding upon being posted on Site. You should visit this page to review the then current Terms and Conditions binding on you. Certain provisions of these Terms and Conditions may be added to or superseded by legal notices or terms located on particular pages of this Site. These terms and conditions have been last updated on August 14th, 2016.
This means that these Terms and Conditions may be reasonably amended from time to time by us, and shall apply to any user immediately.
Choice of Law; Jurisdiction
These Terms and Conditions supersede any other agreement between you and OmniJay to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions will be governed by and construed in accordance with the laws of Israel, without giving effect to any principles of conflicts of laws. A printed version of these Terms and Conditions will be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Applicable legislation and jurisdiction
The parties will attempt in good faith to negotiate a settlement to any claim or dispute between them arising out of or in connection with this Agreement.
This means that Israeli law shall apply to the Site and services contemplated herein.
Additional Assistance
If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact us at any time.
This means you should contact us beforehand if anything of these Terms and Conditions is unclear, unfair or unacceptable to you.
Our Commitment to Security and Privacy
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place the appropriate and reasonable physical, electronic, and managerial procedures to safeguard and secure the information we collect online. However we cannot guarantee the security of any service offered.
Assignment to Third Parties
OmniJay is fully entitled to assign, grant, transfer or sublicense any and all of its rights provided for herein, including any rights with regards to information or data, wholly or in part, to any third party whatsoever.
This means that the agreement between User and OmniJay on the terms set under the Terms and Conditions may be assigned, in full or in part by OmniJay, but not by the User. These privileges as well as the limitations of liability are OmniJay’s one-sided prerogatives under these Terms and Conditions but this Site would not be feasible without them.
No Waiver
OmniJay’s acquiescence to any breach of These Terms and/or failure to exercise any right provided for herein shall be without prejudice to OmniJay’s legal rights and remedies, and shall not be held to preclude and/or debar it from exercising or seeking any of the same.
Severability
Should any provision herein be deemed void or invalid by any court of law having proper jurisdiction, such provision shall be severed, and shall not in any way vitiate or detract from the effect and/or validity of any or all remaining provisions herein.
This means that if a specific article in these Terms and Conditions is ruled by a competent court as unenforceable for any reason, then such ruling shall only apply to the respective specific articles or provisions and not to this entire agreement.
How to Contact Us
Should you have other questions or concerns, please contact us anytime at info@omnijay.com
Data Usage Policy
As always, OmniJay (“Provider”) is committed to earning your trust. We are committed to protecting your personal privacy. Below is our policy for citing OmniJay data in the public domain (including by customers, partners and media outlets). All use of such data must be in accordance with this policy and any applicable subscription to OmniJay Intelligence. This policy does not apply to any content or data provided by OmniJay’s partners; all such data is subject to the respective partner’s policies.
Exclusive Property – All customer data provided by the client or third parties in connection with use of OmniJay services shall remain the exclusive property of said client or third parties.
Data Storing – Customer Data is intended to be processed by the Provider and may be stored on the Provider’s servers in real time, depending on the Service subscribed to.
Cookies – Some Customer Data is gathered more particularly through cookies (internal or third-party). Depending on the Service the Client subscribes to, the Provider may store cookies on web users’ hard disks. In such circumstances, the Client guarantees the Provider and answers for Web Site Publishers that all rules governing the storing of cookies on web sites have been heeded, more particularly with regard to web user information and consent.
Law and Regulation – Consequently, the Client hereby undertakes to meet all regulatory obligations governing the processing of personal data (more particularly with regard to the transfer of data to the Provider and the presence and use of cookies on web sites) in order to guarantee lawful use of the Customer Data and other data gathered and processed through use of the Service for the purposes described in the Contract. In particular, the Client hereby states and guarantees that it has accomplished the requisite filing formalities with regard to the processing of personal data within the scope of the Contract. The Client must be able to provide evidence, at the request of the Provider, that the said filing formalities have duly been accomplished with the competent authorities.
The Provider undertakes:
Not to use the Customer Data and other data gathered and processed through use of the Service for any commercial purposes unrelated to the Services.
Not to retain Customer Data and other data gathered and processed through use of the Service beyond the retention period stipulated by the Client for the purpose for which it is gathered, the said period not exceeding one (1) year. The Provider undertakes not to keep it after the Contract ends.
Data collection and use – We want users to trust that information about them will be respected and handled with appropriate care. As such, our Demand partners should not misuse this information, nor collect it for unclear purposes or without appropriate security measures.
Examples of user information that should be handled with care: full name; email address; mailing address; phone number; national identity, pension, social security, tax ID, health care, or driver’s license number; birth date or mother’s maiden name in addition to any of the above information; financial status; race or ethnicity; religion; political affiliation and sexual orientation.
Examples of irresponsible data collection and use: obtaining credit card information over a non-secure server, violations of our policies that apply to interest-based advertising and remarketing, promotions that claim to know a user’s sexual orientation or financial status.
Technical requirements: To help us keep ads clear and functional, advertisers must meet our technical requirements.
Ad format requirements: In order to help you provide a quality user experience and deliver attractive, professional looking ads, we only allow promotions that comply with specific requirements for each ad. Review the format-specific requirements for all ad formats that you’re using. Examples of ad format requirements: character limits for the ad headline or body, image size requirements, file size limits, video length limits, aspect ratios.
We don’t allow “non-family safe” ads in image ads, video ads, ad extensions, and other non-text ad formats.
Mobile In-App
Opt-out instructions – Android – https://support.google.com/ads/answer/2662922?hl=en iOS – https://support.apple.com/en-us/HT202074
Privacy Policy
OmniJay understands that protecting the privacy of those who visit its website, is of great importance. This is the reason why we are taking the necessary steps to ensure the privacy of those who visit our website (the “Site”). This Privacy Policy applies to the Site and supervises the way that information is gathered on the Site and the use that is made of such information. By using the Site, you are consenting to the conditions that appear in this policy.
Collecting information
OmniJay might collect personal identification details such as your email address, your name, your residential/work address or your phone number. In addition, OmniJay might collect anonymous demographical information which is not unique to you – such as your area code, age, gender, preferences and areas of interest. In addition, information regarding your computer hardware and software is gathered automatically. This information could contain your IP address, the type of browser, names of site/users, access times and references to other internet sites. This information will be used by OmniJay to activate services, to carry out quality control of the services and to provide general statistics relating to the use of the Site. Please bear in mind that to the extent that you provide personal identification information, or personal sensitive information of any kind through the public channels on the Site, this information could be collected and used by other people.
*Remark – OmniJay does not read private on-line communications. OmniJay strongly recommends that you review the privacy declarations of the sites to which connect from the Site, so that you will be able to see how these sites gather, use and involve other people, in your information. OmniJay may only collect information through Cookies.
Use of your personal data
OmniJay collects and uses your personal data for the purpose of running the Site and to provide services which you request. OmniJay also makes use of your identification details to bring to your notice other products and services which are available to you on the Site and its add-ons. OmniJay may also make contact with you through surveys in order to get your opinion about its existing services and about new or potential services which it may offer you in the future. OmniJay does not sell, hire or rent out its customer listings to any third parties. OmniJay may, from time to time, contact you on behalf of its external business partners regarding special offers which could be of interest to you. In that circumstance, the personal identification details which are unique to you (such as your email address, name, address, phone number, etc.) are not given to any third parties. In addition, the OmniJay Site may share information with reliable partners when obtaining their assistance with statistical analysis, contacting you by email or post, providing support to customers or arranging shipment. None of these third parties are allowed to use your personal identification details other than for the purpose of providing services for the Site and must respect the confidentiality of your details. OmniJay does not use or share sensitive identification information such as ethnicity, religion or political leanings without your specific consent. OmniJay protects information and carries out a follow-up of the sites and internet pages on the Site which our customers visit, in order to identify what services on the Site are the most popular. This information is used to send personalized content and advertising from the Site to customers whose activity suggests that they are interested in specific subjects. The Site will hand over your personal details without giving you notification, only if it is required to do so by a legal authority or when it genuinely believes that doing is necessary in order to: (a) to comply with the demands of the law or to cooperate with legal proceedings being conducted on the Site; (b) to protect and defend the rights and property of the Site; (c) to operate under circumstances of extreme emergency to protect the integrity and security of the Site’s users or of the general public. OmniJay will not use PII’s (Personal Identifiable Information) for targeting.
Using cookies
The Site uses “Cookies” to help you achieve a personally matched online experience. Cookies are text files located on your hard disc by the server. Cookies cannot be used to run software or to introduce viruses on to your computer. Cookies are adapted for you uniquely and can be activated only by the server that is operating the file on your computer. One of the main purposes of Cookies is to facilitate time-saving. The objective of Cookies is to tell the site server that you have revisited a particular internet page. For example, if you have personally verified pages on the Site or registered for the OmniJay Site or for its services, the Cookie helps the Site to retrieve personal data concerning other visits made there. This simplifies the process of documenting your personal data such as billing address and shipment address, etc. When you go back to that Site the information you provided previously can be collected and you will be able to make simple use of the features offered on the Site which you have personally authenticated. You have the choice of whether to accept or reject Cookies. Most computer browsers are programmed by default to automatically allow Cookies, but in general it is possible to change the browser option and refuse to accept cookies – if that is your preference. If you refuse to accept cookies, it is possible that you won’t be able to experience all the features and services offered you on the Site or on the other sites you visit.
Your personal data protection
We review this Privacy Policy regularly and reserve the right to make changes at any time to take account of changes in our business and legal requirements. We will place updates on our website.