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TERMS OF SERVICE

We, Maytronics Ltd. and our affiliates (“Maytronics”, “us”, “we”, “our”), own and operate the Maytronics’ websites.

Please read carefully the following terms and conditions and Maytronics Privacy Policy (collectively: the "Terms"), because they constitute a binding agreement between you, the user who uses our websites (“You”) and us. By accepting these Terms or by accessing or using the websites, you signify your agreement with these Terms. If you do not agree to these Terms, you may not access or use the websites.

These Terms constitute the entire agreement between You and us with respect to your use of the websites and supersede any and all agreements, negotiations and understandings, whether written or oral, about the websites.

We may change the Terms to meet technical, operational and legal changes. We will post a notice about changes made to the Terms on our websites, and we may send you a notice by email, a reasonable time before the changes take effect. By continuing to use the websites after such changes have taken effect, You indicate your agreement to the amended Terms.

About Maytronics
Maytronics provides a complete solution for swimming pool care. Our wide range of automatic pool cleaners, environment-friendly water treatment systems and pool safety products delivers an exceptional pool experience to residential and commercial swimming pool owners and operators around the world.

Our products include pool covers, pool alarms and other products. We are a leading company in the robotic pool cleaner industry. Dolphin is Maytronics innovative pool cleaner robot, with a rich heritage of more than 30 years of cleaning the world’s residential swimming pools. Through our websites You may receive information about us and our services. As a Maytronics robotic pool cleaner owner You may also register your product through our websites and activate your robot’s warranty.

Acceptable Use of the Websites
When using the websites, You agree to abide by any usage guidelines we may convey to You from time to time and by all applicable laws, regulations and rules.

You represent and warrant that: (i) the execution of these Terms and the performance of your obligations hereunder do not and will not breach any agreement to which You are a party to, or any other legally binding instrument that You are committed to; and (ii) when executed and delivered, these Terms will constitute your legal, valid and binding obligation, enforceable against You in accordance with the conditions hereunder;

You may not access or use the websites –

  • for or in connection with any activity that constitutes or encourages a criminal offense, give rise to civil liability or otherwise violate any applicable law or industry standard;
  • to make available any information and materials that infringe a third party’s rights;
  • engage in any activity that interferes with or disrupts the proper working of the websites or any activities conducted on the websites;

Restrictions
Except as specifically permitted herein, You agree that You will not directly or indirectly: (1) distribute, sell, assign, encumber, transfer, rent, lease, loan, sublicense, modify, time-share or otherwise exploit the websites in any unauthorized manner; (2) use the websites in any service bureau arrangement; (3) copy, reproduce, adapt, create derivative works of, translate, localize, port or otherwise modify the websites, or any part thereof in any form or manner or by any means; (4) harvest or scrape any content or data from the websites; (5) remove or alter any copyright or other proprietary rights’ notice or restrictive rights legend contained or included in the websites; (6) decompile, disassemble, reverse compile, reverse assemble, reverse translate or otherwise reverse engineer any part of the websites, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law); (7) use any means to discover the source code of any portion of the websites; (8) otherwise circumvent any functionality that controls access to or otherwise protects the websites; (9) modify any material or content we make available on the websites, except as expressly permitted under these Terms; (10) breach the security of the websites or identify any security vulnerabilities thereof without our prior knowledge and permission; or (11) permit any third party to engage in any of the foregoing. Any attempt to do any of the foregoing is a violation of the rights of Maytronics and its licensors. If You breach these restrictions, You may be subject to prosecution and damages.

We may at any time, at our sole discretion and without prior notice, delete any material from our servers, in whole or in part.

[Interactive Services]
[We may from time to time provide interactive services on our websites, including, without limitation: [chat rooms], [bulletin boards] [and and Contact us, Book a demo, etc.]

(“Interactive Services”)
Where we do provide any Interactive Services, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

Where we do provide any Interactive Services, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any Interactive Services provided on our websites, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our websites, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

The use of any of our Interactive Services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use any Interactive Services that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any Interactive Services should be made aware of the potential risks to them.

Where we do moderate any Interactive Services, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.]

[Content Standards]
[These content standards apply to any and all material which you contribute to our websites (a “Contribution”)[, and to any Interactive Services associated with it].
The content standards apply to each part of any Contribution as well as to its whole. Maytronics will determine, in its discretion, whether a Contribution breaches the content standards.

A Contribution must:

  • Be accurate (where it states facts).
  • Be genuinely held (where it states opinions).
  • Comply with the law applicable in any country from which it is posted.

A Contribution must not:

  • Be defamatory of any person.
  • Be obscene, offensive, hateful or inflammatory.
  • Bully, insult, intimidate or humiliate.
  • Promote sexually explicit material.
  • Promote violence.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any copyright, database right or trade mark of any other person.
  • Be likely to deceive any person.
  • Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Promote any illegal activity.
  • Be in contempt of court.
  • Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
  • Be likely to harass, upset, embarrass, alarm or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person.
  • Give the impression that the Contribution emanates from Maytronics, if this is not the case.
  • Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
  • Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
  • Contain any advertising or promote any services or web links to other websites.

Privacy and Data protection
We use and process your personal information according to our Privacy Policy which is available on our websites.

Intellectual Property
All rights, title and interest in and to the websites, including any articles, images, audio, video, graphic design, data and its processing and other intellectual property rights, whether registered or not, and any goodwill associated therewith, are owned by, or licensed to us. Unless as expressly provided, these Terms do not grant You any rights with respect to the websites.

Maytronics’ trademarks (whether registered or not), name, logo and domain name – are our sole property. You may not use them, or any confusingly similar mark or text, without our prior express written consent.

This section will survive the termination of the Terms.

Information Security
Maytronics and its hosting service providers implement systems, applications and procedures to secure your information, to minimize the risks of theft, damage, loss of information, or unauthorized access or use of information. These measures provide sound industry standard security. However, although we make efforts to protect your information, we cannot guarantee that our systems will be immune from any wrongdoings, malfunctions, unlawful interceptions or access, or other kinds of abuse and misuse.

Disclaimer of Warranty
The websites are provided to You on an “as is” and “as available” basis, with all faults and without warranty of any kind, and Maytronics hereby expressly disclaims all warranties, express, implied or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title or non-infringement. Maytronics does not warrant that: (1) the websites will meet your requirements; (2) operation of the websites will be uninterrupted or virus or error free; (3) the websites will operate or be compatible with any other application or any particular system or device; or (4) defects in the websites can or will be corrected. You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your use of the websites, remains solely with You. The websites may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. Maytronics is not responsible for any delays, delivery failures, or other damage resulting from such problems.

Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL MAYTRONICS BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOSS OF PROFITS, REVENUE OR INCOME, OR FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING FROM OR RELATED TO THESE TERMS OR THE USE OR INABILITY TO USE THE WEBSITES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MAYTRONICS’S TOTAL AGGREGATE LIABILITY UNDER THESE TERMS REGARDING USE OR INABILITY TO USE THE WEBSITES, WHETHER BASED ON BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00).

Indemnification
You will indemnify us, and our officers, directors, shareholders and employees (the “Indemnified Parties”), and hold the Indemnified Parties harmless from and against any and all claims, losses, liabilities, damages, judgments, fines, fees, costs or expenses, taxes or interest or penalty thereon, including without limitation, reasonable attorneys’ fees and disbursements incurred in connection with any claim, action, suit, proceeding or investigation, whether civil, criminal, administrative or investigative, arising out of or in connection with your use of the websites, your breach of these Terms or any applicable law or regulation, your violation of any rights of any third party and your negligence or willful misconduct.
This section will survive the termination of the Terms.

Breach of the Terms
Failure to comply with the Terms may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use our websites.
  • Immediate, temporary or permanent removal of any Contribution uploaded by you to our website.
  • Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all action we may take in response to breaches of this acceptable use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

Governing Law; Jurisdiction
These Terms are governed by Israeli law. Any legal claim will take place with the competent courts of Tel Aviv, Israel. Your use of the websites may also be subject to other local, state, national, or international laws. To the extent permitted under applicable laws, in no event will any claim, action or proceeding by You be instituted more than one (1) year after the cause of action arose.

Injunctive Relief
You agree that a breach of these Terms will cause irreparable damages to Maytronics for which monetary damages would not be an adequate remedy and Maytronics will be entitled to equitable relief in addition to any remedies it may have hereunder or at law without posting a bond, other security or proof of damages.

Changes and Availability
We will make efforts to have the websites running efficiently and accessible at all times. However, the websites’ operation is dependent upon various factors such as software, hardware and communication networks. By their nature, these factors are not fault free.

We do not warrant that the websites will operate in an uninterrupted or error-free manner. Such incidents will not be considered a breach of these Terms.

We may modify or enhance our websites, and may offer additional services and features, free-of-charge or subject to additional fees. The additional services and features may be governed by additional or different terms.

We may from time to time change the websites’ structure, layout, design or display, as well as the scope and availability of the information and content therein, without giving any prior notice. Changes of this character by their very nature are likely to result in glitches or cause inconvenience. We will not be held responsible for any outcome of these changes, and failures resulting from them.

Notices
We may contact You and send You notices via email. You may contact us at: supportMT@maytronics.com

Miscellaneous
If any provision hereof is or becomes, at any time or for any reason, unenforceable or invalid, no other provision hereof will be affected thereby and the remaining provisions will continue with the same effect as if such unenforceable or invalid provisions will not have been inserted herein; provided that the ability of either party to obtain substantially the bargained-for performance of the other will not have thereby been impaired. It is expressly understood that in the event either party on any occasion fails to perform any term hereof and the other party does not enforce that term, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion. The headings and captions contained herein will not be considered to be part of the Terms but are for convenience only.

Last Updated: 20 August, 2019

In connection with GDPR implementation, we added our Privacy Policy Accept