תקנון

Terms of Use (English)

Note: This English version is provided for user convenience only. The Hebrew version (תקנון) prevails in case of conflict, see the closing note below.

1. Company Identification and Definitions

The website bisdata.co.il ("the Site") and the services provided through it are operated by Kalai Holdings Ltd., Company No. 515403947, of 10 Gush Etzion St., Givatayim ("the Company" or "bisdata"). You may contact us by email at [email protected] or by phone at 0545961023. The bisdata Pro service at pro.bisdata.co.il ("bisdata Pro") is likewise operated by the Company, and forms part of the "services provided" for the purposes of these Terms.

Use of the Site and the service, including purchasing a subscription, constitutes full agreement to the terms of these Terms of Use. If you do not agree to these terms, please refrain from using the Site and the service.

2. The Service

bisdata is a digital data and intelligence publication for Israel's food-and-beverage industry, based on the aggregation and analysis of publicly available information. In addition to the open content on the Site, the Company offers a paid subscription product, the bisdata Card subscription, a digital punch card for businesses available at card.bisdata.co.il ("the Subscription").

The Company also offers bisdata Pro (pro.bisdata.co.il): a free self-service tool for business owners, which allows a business owner to claim their business profile and view the public data and metrics about their business, including through the digital loyalty card.

3. Site Data: Source, Accuracy, and Responsibility

The data displayed on the Site and in its reports (including business names, ratings, reviews, indices, and analyses) is real data, aggregated from public sources (including Google, TripAdvisor, and other public sources) and processed by bisdata for the purpose of presentation, analysis, and calculating indices.

The data is presented as-is ("As Is") and on a best-effort basis available at the time of processing, for informational purposes only. bisdata does not warrant the completeness, timeliness, or absolute accuracy of the data, and is not responsible for decisions made in reliance on it.

The data displayed on the Site, including rankings, trends, and indices (including, among others, the Ghosting Index), is a statistical analysis based on publicly available information on public platforms, and does not constitute a factual determination by the Company. Rankings and indices are calculated under a published methodology (see the About page), and may change as data is updated, as the methodology is improved, or as data sources are expanded. The Company retains sole discretion regarding how indices are calculated and presented, and the underlying methodology; these are not subject to change based solely on disagreement with the resulting outcome.

Request to correct or remove information: A business appearing on the Site that wishes to correct information about it may contact us by email at [email protected]. To allow us to review the request, please include: (a) details identifying the requester as the business owner or as someone authorized to act on the owner's behalf; and (b) the specific factual error being claimed, described in detail. We will review every such substantiated request, and will make reasonable efforts to correct the information where it is established that a factual error has indeed occurred. For the avoidance of doubt, nothing herein obligates the Company to correct, remove, or change a ranking, index, or statistical analysis solely because the business owner disagrees with the resulting outcome, as distinct from a substantiated factual error in the underlying data.

4. Payments and Subscription

The price of the bisdata Card subscription is NIS 49 per month per location, including VAT. The subscription is a continuing transaction charged monthly by standing order, until cancelled as described in Section 5.

With each charge, a tax invoice-receipt is automatically sent to the registered email address. Payment processing is carried out securely through an authorized external payment processor (Grow); bisdata does not store credit card details on its systems.

5. Subscription Cancellation and Refunds

In accordance with the Consumer Protection Law, 5741-1981, and its regulations concerning continuing transactions, the customer may cancel the subscription at any time, without needing to provide a reason.

Cancellation takes effect at the end of the current monthly billing cycle in which the cancellation notice was given, and no further charges will be made thereafter. The digital subscription details (the punch card) will remain available until the end of the period actually paid for. Cancellation may be submitted by emailing [email protected] or via the "Contact Us" page on the Site, and reasonable efforts will be made to confirm the cancellation shortly after it is received.

As this is a digital service activated immediately upon payment, no monetary refund will be given for a period already paid for and used, unless otherwise required by law.

6. Delivery Policy

The service sold is a digital service only: activating access to the digital punch card in the bisdata Card product. There is no physical shipment of any product. "Delivery of the service" means activating digital access, which takes place immediately (and no later than one business day) upon payment confirmation, except in the event of an exceptional technical malfunction.

7. User Eligibility and Accounts

The service is intended for businesses and users aged 18 and over. By creating an account or purchasing a subscription, you represent that you are legally competent to enter into this agreement.

Opening a bisdata Pro account (pro.bisdata.co.il) requires providing accurate and up-to-date registration details, and maintaining the confidentiality of your login credentials (including your password) is solely your responsibility. The Company may suspend or block a bisdata Pro account in the event of a breach of these Terms, provision of false details, or use that exceeds the intended purpose of the service. As of this time, the bisdata Pro service is provided free of charge; the Company may change this in the future in accordance with Section 12 (Changes to the Service and These Terms).

8. Intellectual Property

All rights in the Site's content, including the logo, methodology, indices, site design, and the processed data repositories, are reserved to bisdata. Copying, distributing, reverse-engineering, or making commercial use of the content, in whole or in part, without the Company's express written approval, is prohibited.

9. Third-Party Trademarks and Platform Names

Brand names, trademarks, and platforms mentioned on the Site (including, among others, Google and TripAdvisor) belong solely to their owners, and their mention on the Site is for descriptive purposes only and does not constitute a representation of affiliation, merger, sponsorship, or endorsement of bisdata or the service by those third parties.

10. Prohibition on Harvesting, Copying, and Commercial Reuse of the Databases

Copying, automated harvesting, automated collection (including by bots, scripts, automation tools, or artificial intelligence), redistribution, or commercial use of the Site's content, data repositories, calculated indices, or any part thereof, without the Company's prior written consent, is prohibited. Violation of this section constitutes a material breach of these Terms and may expose the violator to legal liability, including for infringement of intellectual property rights.

11. Limitation of Liability and Indemnification

The service, the Site, the data, the reports, the digital punch card, and any information or tool displayed therein are provided as-is ("As Is") and without any warranty of any kind. bisdata bears no liability whatsoever, zero liability, for any damage, loss, malfunction, loss of revenue, loss of customers, harm to reputation, operational error, business decision, reliance on information, or other consequence caused to the customer or a third party as a result of use of the Site or the service.

Full and exclusive responsibility for use of the service, for operating the loyalty program, for redeeming benefits, for punching cards, for managing customers, for business decisions, for compliance with the law applicable to the business, and for any action taken as a result of bisdata's data or tools, rests with the customer alone. The information on the Site and in the service is not professional, legal, financial, accounting, marketing, or operational advice, and is not a substitute for the customer's own independent review. bisdata does not warrant continuous availability, absolute accuracy, suitability to the customer's needs, or that the service will produce any particular business result. The customer undertakes to indemnify the Company for any damage, demand, claim, or expense incurred by it as a result of use of the service, breach of these Terms, or a claim by an end customer or third party related to the customer's use of the service.

12. Changes to the Service and These Terms

bisdata reserves the right to update these Terms, the subscription price, and the nature of the service from time to time. Material changes will be published on the Site, and with respect to the subscription price, active customers will be given advance notice by email before the change takes effect.

13. Accessibility

bisdata.co.il and its related services (including bisdata Pro) work through an ongoing process toward Level AA accessibility under WCAG 2.1, in accordance with Israeli Standard IS 5568 and the applicable accessibility regulations. Full details of the accommodations implemented, known limitations, and a contact channel for accessibility matters are set out in our accessibility statement.

14. Governing Law and Jurisdiction

These Terms are governed solely by Israeli law. Exclusive jurisdiction over any dispute relating to these Terms or to use of the Site and the service is granted to the competent courts of the Tel Aviv district, Israel.

15. Privacy

The use of personal information provided to the Company is subject to our Privacy Policy, which forms an integral part of these Terms: Privacy Policy.

16. Contact

For questions regarding these Terms, the subscription, or any other matter, please contact bisdata by email at [email protected] or by phone at 0545961023.

These Terms of Use were originally written in Hebrew. This English version is provided for user convenience only; in any case of conflict or discrepancy between the versions, the Hebrew version shall prevail.