TERMS AND CONDITIONs

Terms of Use

Website and Mobile App

  1. General

1.1 Finest Esports Ltd. (the “Company” or “Club“), is the owner and operator of the Team Finest website: https://www.finest.gg (the “Site“).  The use of the Site and the services provided therein is subject to the Terms of Use outlined in these guidelines (“Terms of Use”).

1.2 Please read the Terms of Use carefully before using the Site. By use of the Site and/or their content and/or services you consent to the Terms of Use. These Terms of Use constitute a legally binding agreement and are enforceable between you and the Company. If you do not agree to these terms, please do not use or access the site or use any and/or all of the services included therein.

1.3 The Site are intended for private use only and any commercial use without the Company’s prior consent in writing is prohibited.

1.4 The use of masculine terms is provided for convenience only and these conditions apply to any and all users of the Site.

1.5 The Terms of Use may change or update from time to time. You are responsible for any changes that may be applied and that may occur from time to time during the terms of service. All properties and/or new programs that will be made available via the Site as of the date you were last updated will automatically be subject to these Terms of Use. Use of the Site after any change, as mentioned above, will constitute your consent and agreement of these changes.

1.6 If you are under 13 years please do not visit or use the shop section of the Site. If you are between 13 and 18 years of age, then you must review these Terms with your parent or guardian before visiting or using the shop section to make sure that you and your parent or guardian understand these Terms and agree to them.

  1. Intellectual Property/Information in connection with the Site and App

2.1 All intellectual property rights on the Site in any part or part thereof, including but not limited to the copyright, trademarks and logos, designs and trade secrets, are the property of the Company, or of third parties who have provided the Company with the use of their intellectual property. These rights apply, inter alia, the graphic design of the Site, the information and its basis, contents, computer code, graphic design, information, text, graphics, logos, videos, images, etc. and anything else related to the establishment and operation of the Site. All intellectual property rights and all other rights to the Site (including without limitation to the trademarks and trade names, copyrights and all other rights) (the “IP”), any part thereof and any material relating thereto directly or indirectly, including product development, adjustments and changes, and the like, whether completed or not completed and/or any other material, whether in written and/or printed and/or registered and/or storage, are and shall remain the property of the Company. You acknowledge and agree to the Terms of Use and/or use of the Site will not have any ownership right or anyone on your behalf will have any proprietary right or any other right including IP rights in the company or in its use, modification, implementation, utilization and commercialization.

2.2 Copying, reproducing, distributing, selling, marketing and/or translating any information from the Site (including trademarks, pictures, texts and computer code) digitally or by any other means, without limitation and without the Company’s prior written consent and express permission is strictly prohibited.

2.3 Use of data published on the Site and/or use of any data published for presentation on the Site, or any other service without obtaining the Company’s prior written consent and express permission are subject to the terms of agreement (if granted) and use of photographs that appear on the Site without obtaining proper copyright permissions and prior permission in writing from the Company is strictly prohibited.

2.4 Use of IP either implied or expressly, and any license or right to use any part of it is strictly prohibited.

  1. Restricted Use

3.1 There are certain prohibitions when using the Site as per the list below. Please read this list carefully. Failure to comply on your part will result in a suspension and/or a stoppage of the use of the Site and/or your account and may result in civil and/or criminal charges.

It is prohibited for you and/or by anyone acting on your behalf: (1) Copy, modify, adapt, translate, do reverse engineering, reverse-compiling or disassembling or reverse any part of the information on this Site , in any way, or publicly display or to make public any part of the information on the Site , or distribute it; (2) use the information for any other website or any other computer network in any way shape or form, or to reproduce or copy the information of the Company and/or the Site  without prior written permission from the Company; (3) create a browser or other demarcation of information about the company information (prohibited from viewing the information as part of framing and/or text link); (4) infringe or violate the privacy rights or any other rights of any visitor or user to the Site , or to collect personally identifiable information visiting or using the Site without their express consent, including by using “robot”, “spider” applications to search the Site or retrieve information from the Site or by using manual or automatic devices to create a key (index) or to data mine; (5) defamation, slander, abuse, harassment, stalk and harass, threatening or harming or otherwise violate the legal rights of others, or by using illegal content, hateful content, obscene content, dishonest content, or any other illegal content that is transmitted by you; (6) impersonate another person or entity, including, among other things, not just, as a delegate, representative or agent of the Company, falsely represent your relationship with any person or entity; (7) to transfer or create in any other way regarding the Site , any computer virus, “worm”, Trojan horse, time bomb, bug, spyware, or any other computer code, file or other program that may be harmful, or are intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or code or component, that are harmful, or have the potential to cause damage, to interfere with, or are invasive; (8) damage and/or disturb the operation of the Site , or impair or interfere with the servers or networks that host the Site or hamper their availability, or any requirements thereof, or procedures and policies or regulations of these servers, or networks; (9) sell, license, or exploit for any commercial purpose or use or access information of the Site ; (10) To frame or mirror any portion of the Site without the prior express written consent and permission from the Company; (11) Create a database by systematically downloading and storing all or part of the information that appears on the Site ; (12) transmit any information that was extracted from the Site without the prior express written consent of the Company; (13) transfer or assign your user name or password, even temporarily, to a third party; (14) access or attempt to access any part of the Site that requires a password without being given a password by the Company; (15) use of the Site for any illegal, unethical or unauthorized purpose.

3.2 You declare and confirm that all of the information and data that you will provide for use of the Site and/or during the registration process is accurate and correct and are not a violation of these provisions, the rights of any third party and/or of any law. You declare and confirm that the submission of personal identification information or any other information in the Site is made on a voluntarily basis only.

3.3 The company may allow you access to the Site and/or prevent you from accessing them at any time at its sole discretion. The Company reserves the right to modify or discontinue, at any time, temporarily or permanently, the operation of the Site (or any part thereof) and/or refuse to provide services to you (or part thereof) – without prior notice and its discretion. In addition, you acknowledge that there may be modifications in services and/or content and/or products that are supplied to you by using the Site, and that it is possible that services and/or content and/or products will change by way of reduction or expansion or that they be discontinued at any time. You agree that the Company is not liable to you or to any third party for any modification, suspension or discontinuation of the Site, services, content or products that are included in the Site, including contact information, text, symbols, icons, buttons, images, audio clips, video, products available for purchase, digital downloads, data connections, links, as well as other special content, documentation, data, additional graphics and other special features.

  1. Disclaimer

4.1 The use of the Site is at your own risk and responsibility. Content on the Site is intended for use as is, without any obligation and/or representation, express or implied by the Company, including but not limited to the non-negotiable responsibility for purpose or the needs of a particular user or non-infringement. The Company does not guarantee that the Site and/or content or services contained in or provided therein will meet your requirements, will not be disrupted or will be discontinued, function safely and smoothly, mistake or error-free, be immune from any unauthorized access to computers or to damages that may result in unauthorized access, malfunctions or failures in hardware, software, communication lines and systems, and so forth. The Company is not liable to you in the event of disruptions or problems stated or any other case of disruption. Without limitations, the Company does not give any assurances that the Site and/or content or service contained in or provided therein will be available in every region and/or at any time, undisturbed, continuous, accurate, secure or virus free. Therefore, the Company does not guarantee or represent in connection therewith. Also, the Site can not be adapted to the needs of each and every person. There can be no claim and/or lawsuit and/or demand against the Company in respect to the properties of the content, capabilities, limitations, compliance with your needs or responses resulting from the publication of content on the Site.

4 .2 The Company is not obligated that the content and services of third parties, including the content and service providers and users, as published on the Site including by means of links are complete, correct, lawful or accurate. The company will not bear any responsibility for any results in relation to, or use of, or reliance thereon.

4.3 The company encourages you to be cautious and careful with any content published on the Site, including content that advertisers use, including content posted by the Company.

4.4 The Company shall not be liable for any damages, of any kind, including but not limited to indirect, special, incidental or consequential damages, whether under contract, lawsuit or any other lawsuit for a wrongdoing which would arise from the use of the Site or the inability to use them, regardless of whether the Company and/or its representatives informed you of the possibility of damages that might be incurred. When liability is mandatory and it is decided by a legal entity or court of law that despite the above, the Company is responsible for such damages, then the responsibility for damages shall be limited to the amount of Ten Thousand New Israeli Shekels (NIS 10,000) only. Your right to financial compensation for this amount is instead of all other remedies that you may have against the company.

  1. Indemnification

Failure to comply with the instructions detailed in the Terms of Use may result in the loss of your ability to access to Site and may expose you to civil and/or criminal liability. Without limiting the foregoing and the provisions of any law, you agree to indemnify and hold the Company and/or its designees, in any case where these conditions harmless from any liability, or act in connection with the Site in violation of the law and/or a claim is filed against the Company by a third party that you made in contradiction to these terms and conditions. Indemnification and/or such compensation will cover any expense, loss, loss of profit or any other damage, direct or indirect, pecuniary or non-pecuniary, caused to the Company and/or anyone on its behalf.

  1. Links

6.1 On the Site there are links to other sites. The following regulations apply to the use of these links, without taking away from the other Terms of Use.

6.2 The links are solely for the convenience of the user.

6.3 Regarding links to external sites that are not associated to the Site (“External Sites”): Unless otherwise stated, the Company and the External Sites do not have legal or commercial relationships, and the Company has no control and/or responsibility for the content on these sites.

6.4 The Company is not responsible in any way, shape or form and/or for the content on the External Sites and services they provide including in relation to the sale of tickets and/or other products.

6.5 The Company does not recommend any External Site, including information and other material contained therein, the operators of the sites or of any and all products offered and/or sold by them even though links may be found on the Company Site.

  1. Privacy Policy

7.1 Since the Company respects the privacy of the users of the Site, the Company has decided to publish its policy in relation to privacy protection of the Site. The purpose of the policy is to explain the Company practices in relation to privacy for the Site users, and how the Company uses the information provided to it by users of the Site or collected by using the Site.

7.2 When using the Site information is gathered about you. Some of the information is personally identifiable to you, which means your name and your address, payment method you used, and so on. This is the information you provide knowingly and willingly, for example when you register to use the services. Some of the information is non-identifiable information that does not identify you personally and is not stored. This is primarily statistical information. For example, statistics on the advertisements that have been read on the Site, pages that have been viewed, offers and services of interest to you etc… To avoid any doubt, any non personal information that is related or linked to any personally identifiable information will be deemed personal information as long as this relationship exists.

7.3 Registration for use of services. The Company requires only the necessary personal information during the registration process and/or when purchasing services or products.

7.4 Database. The data collected will be stored in the Company database.

7.5 The use of information. The use of the information collected, will be made only in accordance with this Privacy Policy or the provisions of the law, to:

7.5.1 Allow the use the services of the Site.

7.5.2 Improve and enhance the services and content offered on the Site;

7.5.3 Modify or cancel existing services and content;

7.5.4 To purchase products and services – including publication of information and content;

7.5.5 To target the advertisements when you visit the Site to areas of your interest.

7.5.6 To provide users with messages in connection with the services provided and/or to be provided by the Company and/or its representatives.

7.5.7 To provide the user with support and service by the Company and/or through third parties.

7.6 The information used by the Company will be primarily statistical information that is not personally identifiable. The Company may reveal non personal information to third parties in its discretion.

7.7 Electronic Direct Mail and SMS; Marketing materials and advertising. Team Finest is notifying the user that the information provided by the user may be used by the Club and/or other related entities in order to send information about Club activities, including offers to purchase Club products as well as any updates and/or promotions and special offers, newsletters and/or other information to the fans. At any time you may request to be removed from the Team Finest list by contacting the Club.

7.8 Providing personal information to a third party. The company will not transfer personal information that collected on the Site to third parties except in the following cases:

7.8.1 If you purchase products and services from a third party who is offering them for sale via the Site. The information to complete the purchase will be forwarded to the third party, if required.

7.8.2 In the case of a legal dispute between you and the Company that obligates the Company to submit the information.

7.8.3 If on the Site there are unlawful acts, including to detect, prevent or deal with other fraud or security issues.

7.8.4 In order to comply with the law in response to a legal process, order or request of disclosure by a governmental authority.

7.8.5 If the company sells, assigns or transfers in any way the activity and/or operation of the Site – and/or should it merge with another entity or merge the activity of the Site with a third party, it is all subject to prior notice being provided before the transfer of information to the third party as per this section, with your consent and permission (as all consent and permission is required by law) and the ability to remove information from the database before transferring them to the third parties that is in accordance with the Privacy Protection Act.

7.8.6 With your express consent and permission.

7.9 Cookies. The Company’s Site uses cookies for proper operation of the Site, and to collect statistical data about use of the Site, to verify information, to accommodate the Site to your personal preferences and security. Modern browsers include an option to avoid receiving cookies. If you do not know how to do this, check your browser’s help file.

7.10 Third party advertisements. The company allows other companies to manage their Sites’ advertising system. Ads that you see when you come to visit the Site are from those companies. To manage their advertisements properly, these companies use Cookies. Cookies allow them to gather information about the sites you have visited and can place advertisements which relate to you. The use of Cookies by these companies is subject to their own privacy policies, not the Company’s privacy policy.

7.11 Information security. The Company implements proper safety systems and procedures and keeps the security systems up to date. Although such systems and procedures reduce the risk of unauthorized entry, they are not 100% secure. Therefore, the Company does not undertake the responsibility and liability that the services are absolutely 100% secure from unauthorized access to information stored in them.

7.12 The right to review the information. According to Privacy Law – 1981, all persons have the right to examine the information which is kept in a database. If such information is found to be inaccurate, incomplete, unclear or needing to be updated, one may contact the owner of the database to amend or delete the data. Such request should be addressed to Team Finest at the address listed on the Site.

In addition, if the information in the database is now being used for purposes of personally soliciting you, you are entitled under the Privacy Protection Act of 1981 to have the information pertinent to you be deleted from the database through written demand.

7.13 Changes to Privacy Policy. Should there be significant changes implemented relating to the use of personal identifiable information a notice will be published on the home page of the Site.

  1. Sale of Goods

8.1 Any user who fulfills the conditions specified below is entitled to participate in buying products through the Site.

8.1.1 The user is able to perform legal acts. If you are a minor (under 18) or you are not entitled to perform legal acts without the consent of a guardian, in order to use the Site you must have the guardian’s approval.

8.1.2 The user must have a valid Israeli identity card, be a legally incorporated company registered in Israel, or by a lawful citizen of any other country.

8.1.3 The user must have valid Israeli or International credit card, issued by an approved credit card company.

8.1.4 The user has an email address.

8.1.5 The User agrees to all terms of purchase, including these Terms of Use.

8.1.6 The buyer may be subject to tax or other taxes in accordance with their location and other circumstances. It is the responsibility of the purchaser to determine which specific taxes apply to any certain transactions and to collect, report and submit the appropriate tax to the proper authority. The Company is not responsible to determine whether those taxes are applied, and is not responsible to collect, report, or even send sales tax resulting from any use required in certain transactions, and the buyer agrees to indemnify and/or hold the company free of any responsibility for such.

8.1.7 The receipt is sent to an email address, which is in lieu of sending a receipt in regular mail through the postal services unless otherwise decided. You acknowledge and agree that: (1) receipt arriving in your email inbox will be received and issued for all intents and purposes; (2) You shall have no claim and/or demand against the Company should the receipt be sent to you through email and is found in your spam folder; (3) It is your sole responsibility to provide a valid private e-mail address. Should it be incorrect, misleading or wrong it will be your sole responsibility and not that of the Company’s.

8.1.8 The Company reserves the right to remove or cease to offer any product for purchase and to stop any sale in progress. The Company reserves the right to remove, or edit any material or content posted on the Site, included on any sale page. In addition, the Company may extend any period of sale or change the ending date of any sale. The company may refuse any transaction for any reason or refuse service to the user, person or legal entity, at any time and at its sole discretion. The Company and/or its representatives will not be liable to the user, purchaser or a third party to: To remove any item for sale before the sale is completed or before the end of the sale; Stop any sale during its progress; To remove the items from the Site; Refusal to carry out a transaction; Or cancellation or stoppage once a transaction has begun.

In case of failure to complete the purchase by the buyer, for any reason, including the refusal by the company to carry out the transaction, the Company has the right to sell the item to another buyer. In any case, the Company’s statement regarding the cancellation of the sale and/or sale of the item to another buyer, shall be final, and the buyer hereby gives unconditionally and irrevocably up on all claims that they may have against the Company in connection therewith.

9.2 The products offered on the site

9.2.1 Any product or service that is offered for sale on the Site is shown on a “sale page”. A sale page includes the name of the product and/or service offered for sale, the price and/or service offered for sale, the shipping price and the price including shipping fees.

9.2.2 Pictures of the products featured on the Site and/or sale page are for illustration purposes only.

9.2.3 Product information is taken from the manufacturer or importer.

9.2.4 The warranty is limited in liability. Warranty conditions are subject to the terms and conditions of the warranty card of the manufacturer and/or importer.

9.3 Online store selling method

9.3.1 The online store displays a list of products which includes all of the details about the product and/or service offered for sale for which the price is predetermined, and the sale via the Site is subject to availability.

9.3.2 The completion of the sale is on condition that the requested product is in stock in the online store warehouse.

9.4 How to place an order

9.4.1 Billing the buyer for the cost of the product and/or service ordered by them can be made by credit card or another approved method, after the approval of the transaction by the relevant company.

9.4.3 Information that is entered on the registration of the transaction on the Company computer will constitute that the transaction is accurate.

9.4.4 Submission of false information is a criminal offense and will be subject to criminal and civil legal proceedings.

9.4.5 In the event that the transaction will not be approved by the credit card company, you will receive a message within 96 hours and you may need to take action via telephone with the customer service center of the online store in order to complete the transaction with the credit card company. In such a case, the date of the approval by the credit card company will be considered the date when shipping date requirements begin.

9.4.6 For more information you may directly contact the Club at the address listed on the Site.

9.5 Cancellation and Returns

The buyer may cancel a transaction subject to the provisions of the Consumer Protection Act 1981.

9.6 Product Supply

The Company will supply the products purchased on the site to the best of their ability to the address entered on the registration page, within the time specified during the sale of the product, unless otherwise specifically stated. The Company will deliver the products in accordance with the terms of delivery specified during the sale, subject to the full payment made via the credit card. The Company is not liable for delay in product delivery in the following cases:

9.6.1 Force majeure due to war, hostilities, emergency and/or natural disasters.

9.6.2 A strike at the supplier of the products and/or services necessary for the production and/or delivery of the products.

9.6.3 Any reason that is out of the Company’s control.

9.6.4 Where the shipping company and/or supplier have limited access to the area due the products and/or services, the buyer will be entitled to the delivery of the products and/or services to a site nearby in coordination with the shipping company and/or supplier.

9.6.5 The supply of products and/or services noted on the sales page include business days only of Sunday-Thursday excluding Fridays and Saturdays, holiday eves and holidays.

9.6.6 If it is possible to pick up the product by the buyer, the customer will need to make a prior appointment with the Club or after receiving a text message to your mobile phone that the product is available at the selected branch for pickup.

9.6.7 Product supply to your home is by made by courier service or to the nearest post office of the customer by registered mail as outlined in the order.

9.6.8 The transportation and delivery of products and/or services by the Company includes: all the necessary activities that need to be done at the warehouse until the delivery of the products and/or services to the buyer which include receiving, sorting, packaging, labeling, shipping and delivery.

9.6.9 In some cases a product and/or service that appear on the Site may be out of stock. In this case the online store will be in contact with the buyer. The buyer will not be charged and the order will be canceled.

9.6.10 The Company is not responsible for the actions of the handlers and/or the shipping company of the product purchased.

9.7 Shipping fee

9.7.1 The shipping fee will be paid by the buyer, in addition to or as part of payment for the product and/or service which includes the shipping fee. The buyer should also be aware that the cost of shipping and handling may vary due to the weight and size of the product and due to the delivery address being outside of Israel.

9.7.2 It should be noted that if the product is picked up by the buyer, the product will not be subject to shipping and handling fees.

9.7.3 Shipping and handling associated with a product may vary due to the buyer’s address.

  1. Miscellaneous and General

10.1 These Terms of Use do not create any form of a partnership, joint venture, employee-employer relationship, shipping relationships or any type of relationship between the parties.

10.2 These Terms of Use and any claim relating to this platform or its use will be subject to the laws of the State of Israel, and will be interpreted in accordance with these laws, without giving effect to its principles.

10.3 Any dispute that will be a result derived from or related to your use of the platform will be held in the court of law in Tel Aviv, Israel, and you agree to the exclusive jurisdiction of these local courts.

10.4 In the case where it is determined that any provision of the terms of use is unlawful, null and void or for any reason can’t be enforced, then view this as a separation from these Terms of Use, and the directive does not affect the validity and the possibility to enforce any provision among the remaining provisions of these Terms of Use.

10.5 The waiver by either party of a breach of any provision of these Terms of Use by the other party shall not operate or be construed as a waiver of any subsequent breach by either party. In the event any provision of these Terms of Use is found to be invalid or unenforceable, it may be severed from the Terms of Use, and the remaining provisions of the Terms of Use shall continue to be binding and effective.

10.6 These Terms of Use include all of the Terms of Use agreed upon between you and the Company in connection with these Terms of Use and supersede all other agreements or understandings, previous or concurrent, written or oral between you and the Company.

10.7 If you need to ask for information or ask questions, please contact us through the form provided on the Site or at 052-626-2890 between Sunday-Thursday from 10:00-16:00 and we will do our best to respond to your complaint and/or request.