ANANIM - Website Terms and Conditions
1. In this regulation, the following terms shall have the following meanings:
1.1 "Company" - the brand: Ananim | Ananim Commercial Photography, VAT number 311037386, located at Shmuel Shrayra 48, Rishon LeZion.
1.2 "Website" - the website ananim.org.il.
1.3 "Services" - the various products displayed on the website and offeredfor sale, including all services related to photography, shooting, editing, content production, support, audio and video transmission, makeup services, clothing services, music and sound services, design services, and all professional services in the field of photography and production.
1.4 "Contract" - the contract containing information related to the company's service order, including but not limited to the payment amount, date and type of services, instructions regarding the services provided by the company and/or its representatives, cancellation fees, and deadlines.
1.5 "Delivery Day" - the day when the film and/or digital media are completed and/or transferred to the customer via the Ananim cloud server to the desired customer's destination or in accordance with the delivery contract and deadlines.
1.6 "Delivery Address" - the address provided by the customer as the delivery address or the email address for file delivery.
1.7 "Editing" - performing operations to edit and/or produce and/or assemble videos in a professional style.
1.8 "Business Days" - working days (Sunday to Thursday), excluding Friday, Saturday, eve of holidays, holidays, and memorial days.
1.9 "Editing Request" - a page containing the client's instructions to obtain information about their preferences for editing the film, such as fonts, colors, music, etc.
1.10 "Customer" - any person using the website, services, and the content contained therein, including ordering and purchasing the services offered on the website.
1.11 "Reprocessing" - reprocessing of video films. It should be noted that this item does not include additional changes that have not been agreed upon with the project customer and specified in the proposal or contract.
1.12 "Reasonable Delay in Service Provision" - 30 business days after the scheduled completion date of the order.
2. General
2.1. The provisions in this regulation are written in the masculine form but are intended for both genders.
2.2. The website serves as an online platform for communication with the active team of photographers on behalf of the company in the field of video and stills, and also for service providers on its behalf. The website is owned and managed by the company and/or by those acting on its behalf.
2.3. For any question or clarification, you can contact the company's customer service directly by email at ananim4u@gmail.com or by phone at +972-528303511.
2.4. This regulation is the legal basis for orders and browsing on the website, and it is the sole regulator of the relationship between the company and its customers. Browsing the website and/or performing actions on the website constitute the customer's acceptance to receive and act according to the provisions of the regulation. If you do not agree to the terms of this regulation, please refrain from using the website. The company reserves the right to change the regulation from time to time at its sole discretion, without the need for prior notice and/or announcement regarding any changes as mentioned.
2.5. The prices displayed on the website are in New Israeli Shekels. There is a clear indication if the price includes or excludes VAT, and the final price will be explicitly stated on the website and in accordance with the law.
2.6. All computer records regarding the actions performed on the website are the sole property of the company. These records are prima facie evidence of the validity of the actions performed by the customer.
2.7. The pictures and videos displayed on the website are for illustration purposes only and do not obligate the company and/or its service providers. The final appearance of the different projects should not be inferred from the pictures and videos.
2.8. The company makes every effort to ensure that the information presented on the website by the photographers or service providers on its behalf is the most complete and accurate information, but it should be clarified that in the event of inaccuracies or errors, the company will not be held responsible for any consequences arising from such inaccuracies or errors.
2.9. The company reserves the right to offer promotions, benefits, and discounts on the website or through any other means of communication, including telephone, email, or text messages, as defined by the term "advertisement" according to Amendment 40 of the Communications (Bezeq and Broadcasting) Law, 1982. In addition, the company may send the user emails or text messages that may contain updates on various non-advertising topics, such as transaction details. The company may, at its sole discretion and at any time, terminate promotions, benefits, discounts, and/or make any changes to pricing without the need for prior notice.
2.10 The terms of use on the website apply to the use of the website and the services provided through means of communication that enable the use of the website. Additionally, the terms of use apply to the use of the website, whether through the internet or any other communication network.
2.11 The company reserves the right to update the prices of the services on the website from time to time without prior notice. The price applicable to an order placed is the price published at the time the order is actually placed by the customer (including the submission of payment details and payment approval) and is subject to the terms of the contractual agreement.
2.12 Upon registration on the website, the customer may choose to subscribe to receive official newsletters from the website. If the customer wishes to unsubscribe after registering, they can easily do so through the link at the bottom of the received newsletter or by contacting the email address: ananim4u@gmail.com, or under "My Account" on the customer's account on the website, according to their preference. For the avoidance of doubt, the company will still be entitled to use customer information for the purposes detailed in the company's privacy policy as detailed below, as well as for sending operational messages (such as receiving an invoice, order confirmation, etc.), in accordance with applicable law.
2.13 Registration on the website is limited to creating a single account per customer. The company is entitled to remove duplicate accounts as it deems necessary.
2.14 Promotions and discount coupons, if any, are valid for one-time use, and multiple promotions and discounts cannot be combined unless otherwise specified in the terms of each promotion or discount coupon. The coupon can be redeemed only when placing an order on the website. If a transaction acquired through a promotion or discount coupon is canceled, the cancellation policy shall be subject to the provisions set forth in the contractual agreement.
2.15 The company reserves the exclusive right, at its sole discretion, to cease operations on the website at any time and without prior notice.
2.16 The company reserves the right to prevent access to the website and/or prevent the possibility of ordering services through the website or to cancel or terminate the customer's use of the website in any case where: (a) the customer engages in unlawful conduct and/or violates legal provisions; (b) the customer breaches any provision of these terms of use or any other binding instruction appearing on the website or in other communication documents between the customer and the company; (c) the customer engages in an act or omission that may harm the company and/or any third party, including other customers and users of the website or the proper functioning of the website, including, without limitation, fictitious orders and intentional cancellations of transactions; (d) there is an outstanding financial obligation to the company and/or related parties and the payment due date has passed; or (e) for any other reason not specified above that the company deems reasonable under the circumstances, at its reasonable discretion.
2.17 In the aforementioned cases, the company may, among other actions and without limitation, monitor the customer's use of the website, disclose the customer's behavioral patterns to relevant authorities and/or third parties who, according to the company's judgment, are affected by the customer's infringing activities, and take any other action that the company deems necessary to protect its property, rights, and/or the rights of third parties.
3. Registration on the website and placing orders
3.1 Ordering services through the website will be done by a registered customer on the site through an order and confirmation of the order, which will be received back by the company. It should be clarified that filling in all the required details for registration on the website is a condition for executing the order. The customer is solely responsible for keeping his account information on the website confidential.
3.2 The company will not use the customer's details for any purpose other than in accordance with the website's privacy policy, which is an integral part of these terms and conditions.
3.3 In order to ensure the efficient and smooth execution of the order, the customer must provide all the required details on the website accurately and according to the site's requirements. If incorrect details are provided during the ordering process, the company cannot guarantee that the order will be recorded, and the services will indeed be provided to the customer. Final confirmation and verification of the order by the company, as well as signing the contract agreement, serve as the exclusive proof of a valid order.
3.4 Upon the customer's completion of the order, and if the customer has made the payment using a credit card, the company will perform a verification of the payment details with which the customer paid for the transaction. Upon approval of the order by the credit card companies or other online payment providers, a notification will be sent to the customer informing them that the transaction has been approved.
3.5 The order details, as entered by the customer in the order form and contract agreement and registered in the company's computers, will serve as conclusive and final evidence of the transaction's accuracy.
3.6 In the event that the transaction is not approved by the credit card company or online payment provider, the customer will receive a corresponding notification, and they will be required to provide an alternative means of payment within 2 business days. If the customer fails to provide an alternative means of payment as stated, the order will be canceled.
3.7 In addition to the required approval from the credit card company/payment service provider, as mentioned above, the order confirmation is contingent upon the service provider's consent (i.e., still photographer, videographer, and any other supplier according to these terms and conditions) that they are able to provide the service at the specified time in the order entered by the customer. If the company is unable to provide the services, the order will be canceled, and the customer will be refunded accordingly. For clarification, the customer will have no claim or lawsuit regarding any kind of damage, whether direct or indirect, caused to the customer or to any third party as a result of this.
3.8 It is emphasized that the company reserves the right to reject an order placed by a customer for any reason and at its sole discretion, including but not limited to the following reasons:
- If the customer intentionally provided incorrect information during registration on the website.
- If actions or omissions have been taken that harm or may harm the website, the company, or any third parties, including customers, employees, and company suppliers.
- If the website services have been used to engage in activities that are unlawful according to Israeli law or to facilitate, assist, or encourage such activities.
- If the terms of these conditions have been violated, the terms of any mandatory documents, including the service agreement, employment contract, or terms of any other offered service on the website.
- If the customer has an outstanding debt to the company or its affiliated companies, and the debt remains unpaid despite the payment deadline.
- If the customer's credit card or other payment method provided is blocked or restricted from use.
3.9 After receiving payment information, the customer will receive a confirmation via the email provided during registration on the website, confirming the receipt of order information. This confirmation does not obligate the company to provide services; it simply indicates that the order information has been received by the company. The terms of the contract determine the timeframe for providing services, their cost, and other conditions.
3.10 Transaction/Service Cancellation
3.11 The cancellation of a transaction and/or service order will be subject to the provisions of the contract signed with the customer.
4. Delivery and Shipping
4.1 The delivery of products to the customer is carried out through cloud services, home delivery via courier companies, or by registered mail, within the specified delivery time determined in the contract. Some delivery services may incur shipping fees according to the order. Pickup of products from the company's offices in Rishon LeZion can be arranged in advance.
4.2 Some cloud services may involve an additional payment based on the size of the files transferred through the server.
4.3 The shipping fee amount will be specified in the contract after the ordering process and will be charged as part of the total payment. In the case of installment payments, the shipping fee may be charged with the first payment.
4.4 Registered mail delivery - The delivery time depends on Israel Post, with their commitment being up to 14 business days from the day the package is sent by the company. However, it is clarified that the company cannot guarantee that the shipment will arrive within the expected timeframe, and the company will not be held responsible for delays or late delivery of registered mail shipments that are beyond its control.
4.5 If the delivery address is in areas where the courier company does not reach, the order will be sent by registered mail.
4.6 The company is not responsible and cannot be held liable for delays by various courier companies.
4.7 The option to order from the website is limited to regions according to the distribution map of Israel Post or courier companies. The company has the right, but not the obligation, to provide the service outside the distribution areas, by prior telephone arrangement. Therefore, even if such an order is received and recorded in the website's systems, the company will not be obligated to provide it, and if the customer wishes to obtain the products, they will need to pick them up from the company's offices by prior arrangement as mentioned above.
5. Company Liability
5.1 Subject to the limitations of liability imposed by applicable law, the company and/or its representatives shall not be responsible and shall not bear any direct, indirect, consequential, or special damages incurred by the customer and/or its representatives or any third party as a result of the use or ordering of services on the website, contrary to the provisions of this agreement, or due to acts or omissions of the customer and/or third parties, including, but not limited to, communication providers (including in relation to malfunctions and/or disruptions, temporary or permanent, in communication lines) and/or unauthorized access, attacks, intrusion, or attempted intrusion into information (or any of these) through communication lines or other communication networks and/or in connection with shipping services.
5.2 In any case, subject to the limitations of liability imposed by applicable law, the grounds for any claim against the company shall not exceed the amount of payments made by the customer to the company, and in any case, the company shall not be liable for consequential or indirect damages, including loss of income and/or prevention of profit incurred by the customer for any reason whatsoever.
5.3 The company and/or its representatives shall not be responsible for any malfunction, delay, or disruption in the use of the website and/or the services included therein (including the delivery of products) and/or any related to any of them, due to events beyond its control - force majeure events, including malfunctions, delays, outages, and also a material event caused by a factor independent of the company, natural disasters, computer malfunctions, server malfunctions, etc.
5.4 Subject to applicable law, any typographical error in the description of the service shall not obligate the company and/or its representatives.
5.5 The company shall not be responsible for the use made by the customer and/or any other person of the transferred products.
5.6 Material backups shall be performed only as agreed upon with the customer.
5.7 The maximum backup period is up to 30 days after project submission.
5.8 Recovery of materials from backups will incur an additional fee and does not guarantee recovery of materials beyond what has been agreed upon.
6. Copyrights
6.1 All intellectual property rights on the website and/or the products, including copyrights, designs, trade secrets, and trade methods, are the sole property of the company and/or third parties who have granted the company or its authorized representatives (photographers who upload their materials) the right to use their rights. These rights apply, among other things, to the content on the website, the data on the website, including the list of services, images, interface, and any other details related to the operation of the website, design, software, application, computer code, graphic file, text, etc., whether in the external interface, source code, or target code.
6.2 It is prohibited to copy, duplicate, distribute, sell, market, translate, modify, publish, broadcast, display, perform, license, create derivative works, reverse engineer or sell, in whole or in part, temporarily or permanently, in any form whatsoever, any part of the information or content contained on the website, including trademarks, images, and texts, interface design, images, and the like, without prior written consent from the company or, as applicable, third parties. Furthermore, the website may not be used in a manner that constitutes or may constitute a violation or infringement of the intellectual property of the company or third parties without the explicit prior written consent of the company or the relevant third parties as specified.
6.3 Ananin is authorized to make commercial use of any of the projects or works performed without prior notice to the customer unless otherwise specified in advance and at the time of contract signing.
6.4 No commercial use may be made of the data published in the database on the website, the list of products and services appearing therein, or any other information published therein without prior written consent from the company.
6.5 No data published on the website may be used for the purpose of displaying them on any other website or service without obtaining prior written consent from the website management and subject to the terms of that consent (if given).
6.6 The name "Ananim" and the domain name of the website, as well as the trademarks (whether registered or not), are the sole property of the company. They may not be used without obtaining written consent in advance.
6.7 In the event that there are trademarks (including images, drawings, etc.) provided for publication by companies offering products and services for sale on the website, those trademarks are the property of those companies, and their use is prohibited without their consent.
6.8 All textual content, icons, information, and/or displays appearing on the website, including graphics, design, verbal presentation, trademarks, logos, including their editing and display on the website, are the exclusive property of the company or, as applicable, third parties.
6.9 The website services should only be used for legal purposes.
6.10 It is prohibited to copy and use, or enable others to use, the contents of the website in any other way, including on other websites, in electronic advertisements, in print advertisements, and so on.
6.11 It is prohibited to operate or enable the operation of any computer application or other means, including software such as crawlers, robots, etc., for the purpose of searching, scanning, copying, or automatically retrieving content from the website. This includes not creating and not using means as mentioned above for the purpose of creating a collection, compilation, or database containing content from the website.
6.12 It is prohibited to display content from the website within a frame, window, or any other framework.
6.13 It is prohibited to display content from the website in any way, including through any software, device, accessory, or communication protocol that alters their design on the website or omits any content, especially advertisements and commercial content.
7. Privacy Policy, Information Database, and Direct Communication
7.1 The personal details provided by the customer on the website (hereinafter referred to as "the Registrant") through the registration form, any other information provided, generated, or processed based on this information, and any information about the customer that has been or will be received by the company, in the context of using the website ("Customer's Details"), shall be subject to the company's privacy policy, as detailed below.
7.2 In this agreement, the term "Customer's Details" includes any personal information collected by the company or provided to it by you or on your behalf, through which you can reasonably be identified, and/or information protected under the Privacy Protection Law, 1981 ("Privacy Protection Law"), including, but not limited to, first name, last name, identification number, residential address, telephone number, date of birth, email address, ordered products, location identification, areas of interest, payment methods, additional information provided when contacting the company, and any other relevant information.
7.3 The company will not disclose the Registrant's details unless in one of the following cases: (a) if required to do so by a court order or law; (b) if it receives a notice of legal proceedings against it regarding actions taken by the Registrant, in any dispute, allegation, claim, demand, or legal proceedings, if any, between the Registrant and the company; (c) if the company organizes its activities within another entity - and in the event of a merger with another entity or a merger of its activities with the activities of another entity - the company shall be entitled to transfer the Registrant's details to that aforementioned entity, provided that the other entity complies with this privacy policy; (d) if a claim is raised or suspicion arises at the company that the Registrant has committed an act and/or omission that harms or may harm the company and/or its representatives and/or any third parties; (e) if a claim is raised or suspicion arises at the company that the Registrant has used the services for an unlawful purpose and/or to facilitate, assist, or encourage the commission of such an act; (f) if a claim is raised or suspicion arises at the company that the Registrant has violated any terms of this agreement and/or any agreement with the company and/or its representatives; (g) if and to the extent required for the company's operations, such as transferring information to employees, subcontractors, and other entities involved in operating the website. Customers shall not make any claims or demands against the company regarding the disclosure of their details as described above, and they hereby waive any claim and/or lawsuit in this regard.
7.4 Notwithstanding the above, the customer agrees that the company may, at its discretion, transfer the customer's details outside the borders of Israel, even to a country whose law provides a different level of protection than that afforded under Israeli law.
7.5 By completing the registration form and using the website and the services offered therein, the registrant agrees that their registered details and any data generated based on such information, as well as any information about them that has been or will be received by the company, will be held in one or more databases of the company and/or its representatives. The registrant acknowledges that their details may be used for the following purposes: (a) for the operation of the website and the provision of services to customers, including contacting the customer when the company deems it necessary for the provision of services; (b) for marketing, advertising, sales promotion, and direct communication with the registrant through any means of communication deemed appropriate (including in writing, print, telephone, text message, fax, electronic means, or any other medium), subject to obtaining the required consents under the law; (c) for loyalty programs, analysis and statistical research (including the provision of non-identifying statistical data to third parties), conducting surveys, and any other online marketing activities; (d) for internal purposes, such as handling complaints and/or reviews and contacting the registrant when the company deems it necessary for the provision of services or delivery of products or compliance with other legal requirements; and (e) to fulfill the company's obligations under the law and/or at the request of authorities and/or courts. The use of the customer's details for the aforementioned purposes shall not be considered a violation of privacy.
7.6 The customer is not legally obligated to provide their details to the company (however, without providing them, the customer will not be able to use all or part of the website's services), and the customer is aware that the provision of their details is voluntary and with their consent. The customer explicitly agrees to the use of their details as described above and acknowledges that such use does not constitute a violation of their privacy by the company and/or its representatives.
7.7 The website may use cookies for its ongoing and proper operation, including collecting statistical data about the website's usage, verifying details, and information security needs. The company may also use cookies from third parties, such as Google Analytics and social networks, for displaying advertisements regarding products or services based on the customer's various activities on the internet, other websites, and services visited by the customer, and more.
7.8 Cookies are text files created by the website's computers or third-party computers, as commanded by the browser. Some cookies will expire when you close the browser, while others will be stored on the hard drive of your device. Cookies can contain various information, such as the pages you visited, the time spent on the website, how you arrived at the website, information you requested to see when entering the website, and more.
7.9 Modern browsers include an option to prevent accepting cookies. If you don't know how to do this, check the help file of the browser you are using to see if there is an option to disable cookies. Disabling cookies may prevent you from using some of the services and features on the website or other websites.
7.10 Some of the information collected about customers during the use of the website and/or communication with the company is not personally identifiable and is not stored together with customer details. This is statistical and/or aggregated information. For example, ads that the customer viewed on the website, the pages they visited, the offers and services that interested them, the internet protocol (IP) address they accessed from, and more. The company may use this information as described without the customer's consent (including transferring the information to third parties), according to the company's discretion, and the customer's identity will not be disclosed without their consent and/or not in accordance with this privacy policy.
7.11 According to the Privacy Protection Law, any person is entitled to personally review, or by an authorized representative with written authorization or by a legal guardian, the information held about them in a database. If a person reviews the information and finds it incorrect, incomplete, unclear, or not up-to-date, they may request the database owner to correct or delete the information. If the database owner refuses, they must inform the requester in the manner and within the timeframe specified in the regulations. If the database owner denies access or refuses to correct or delete the information, the requester may appeal in the manner and within the timeframe specified in the regulations.
Please contact the company via email: ananim4u@gmail.com.
7.12 The registrant acknowledges that there is no legal obligation to provide their details and that the provision of the aforementioned information is voluntary and with their consent. The registrant explicitly agrees to the use of the provided information as stated above and confirms that such use will not be considered a violation of privacy and will not entitle them to any claim or compensation.
7.13 Registrants who do not wish to receive direct mailings should notify the company in writing on the company's website or through a removal mechanism that will be available in every mailing. In this case, the company will act according to the instructions provided. For the avoidance of doubt, the company may still use the registrants' information for the purposes outlined in section 3 above, subject to the protection of the registrants' privacy and compliance with applicable law.
7.14 Giving consent to receive promotional information implies joining the website's mailing list separately from the network stores' mailing list. Therefore, a request for removal from the mailing list will only apply to the website's distribution lists.
8. Confidentiality; Information Security
8.1 The company does not store credit card numbers on its computers.
8.2 The website is secured using SSL protocol, which means that all communication between the browser (on the customer's end) and the website (i.e., the server hosting the pages) is encrypted, ensuring that the transmitted information cannot be deciphered. In other words, the "security" provided is encryption of the data. Encryption is a method of "scrambling" information designed to deceive malicious parties and is performed by two partners: the sender scrambles, and the recipient deciphers. The scrambling method is based on mathematical functions, and the uniqueness of the method (such as RSA) lies in the fact that only one key on the customer's side is sufficient for scrambling and deciphering requires two keys.
8.3 In cases beyond the company's control and/or resulting from force majeure, the company shall not be liable for any damage of any kind, direct or indirect, caused to the customer and/or any third party if information is lost, falls into the hands of a malicious entity, or is used without authorization.
8.4 The company makes an effort to provide the customer with a proper and high-quality service. However, the company does not guarantee that the service on the website will not be interrupted, will be provided as ordered or without interruptions, will be secure and error-free, and will be immune to unauthorized access to the computers operating the website and/or the company, damages, disruptions, malfunctions, including hardware, software, or communication line failures on the company's and/or supplier's end.
8.5 Deals and Benefits
8.6 The company may (but is not obligated to) offer customers deals and benefits from time to time for all or parts of the services offered on the website. These deals and benefits will be conducted in accordance with the law, the provisions of this agreement, and any provisions published on the website from time to time. The company reserves the full right to change, terminate, or extend deals and benefits at its sole discretion, subject to the provisions of the law.