Thank you for using TiviClick services (the “Services”). THE following TERMS OF SERVICE (the “AGREEMENT”) GOVERN YOUR USE OF the SERVICES, as are made available to you from time to time through www.tiviclick.com (the "Website"), which is owned, maintained and operated by Intech Industrial Technologies Ltd., a private company incorporated in Israel (herein referred to as “TiviClick,” “we,” “us” or “our”).
BY CHECKING THE BOX NEAR THE “YES I HAVE READ AND AGREED TO TERMS AND CONDITIONS” LEGEND DISPLAYED ON THE SCREEN AS a PART OF YOUR REGISTRATION TO THE SERVICES OR BY ACTUALLY USING THE SERVICES YOU AGREEE TO THE FOLLOWING TERMS AND CONDITIONS GOVERNING YOUR USE OF THE SERVICES. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, YOU MUST NOT ACCEPT THIS AGREEMENT ON THEIR BEHALF. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST SELECT THE "I DECLINE" BUTTON AND MAY NOT USE THE SERVICES.
If you are a natural person (and not a legal entity such as a company, partnership or the like) you must be 18 years of age or older to engage with us in this agreement for provision of the Services. Do not use the Services if you are prohibited to do so according to your local laws.
If You agreed to these terms and indicated that as stated above, You are entitled to install and use the TiviClick Services on Your website in accordance with the operation guide at http://tiviclick.com/docs/TiviClick_operqtion_guide-English.pdf for a 30-day free trial period (Trial Period), counted from the date of your registration on our Website. Prior to expiration of the Trial period, we will notify You of the expiration time thereof by e-mail and notification on the Agent page of our Website. Should you wish to continue using the Services You will be required to select a Subscription Program and provide payment details as required. Should You not provide such details we will be entitled to assume that you wish to discontinue using the Services and to disconnect Tiviclick service from your website.
1. "Content" has the meaning ascribed to it in Section 4 bellow.
2. "Agents" means Your employees or anyone on Your behalf that You register on the Website as registered users authorized by You to use the Services and receive chat requests from Your website visitors.
3. "Services" means the products, modules, tools and services, whether chargeable or not, that are ordered by You and/or made available, from time to time, by TiviClick online via the Website and/or other web pages designated by TiviClick.
4. "Subscription Programs" has the meaning ascribed to it in Section 3 bellow.
5. "Malicious Code" means viruses, worms, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents or programs.
6. "You" or "Your" means yourself and, in the event that you entering into this Agreement on behalf of another legal entity, this shall refer to the company or other legal entity for which you are accepting this Agreement. With respect to actions taken by You this term shall also include actions or omissions of any of your Agents.
1. TiviClick is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services, which TiviClick provides, may change from time to time without prior notice to you. Material changes shall be notified of by TiviClick on the Website. You undertake to frequently and regularly visit the Website and get updated with such notifications.
2. As a part of this continuing innovation, you acknowledge and agree that TiviClick may stop (temporarily or permanently) providing the Services (or any features within the Services) to you or to users in general at TiviClick’s sole discretion, without prior notice to You. You may stop using the Services at any time.
3. You acknowledge and agree that if TiviClick disables access to Your account, You may be prevented from accessing the Services, Your account details and any content which is contained in Your account, hence, TiviClick recommends that You save and backup any content You are provided by or enters into the Services (e.g. conversation logs and content) every time You access the Services.
4. While TiviClick will make all reasonable efforts to ensure that the Services are available at all times, You acknowledge and agree that the quality of the Services and their availability to You is completely dependent on things beyond the control of TiviClick, such as (but not limited to) Your equipment and that of Your end-users and clients (e.g. Your computer, speakers, headphones, microphone, webcam, internet service provider, connectivity amongst all of the above, protection means such as firewalls, proper operation thereof, etc.). TiviClick does not guarantee, represent or warrant any quality standard for the Services or that Your Agents will actually be able to communicate with the end-users of Your website in any particular time, or that Your access to any of the Services will be uninterrupted or error-free. In addition, TiviClick does not guarantee that the Services will be free from loss, corruption, attack, viruses, worms, trojan horses or other harmful components, or from interference, hacking or other security intrusions. You should be sure to back up Your own system periodically to ensure that all content is available to You in the event of any loss or damage. TiviClick may change, suspend or discontinue any of the Services at any time. TiviClick may also impose limits on the use of or access to certain features or portions of the Services, in any case without notice or liability.
USE OF THE SERVICES BY YOU
1. In order to access certain Services, You may be required to provide information about You (such as identification or contact details) as part of the registration process for the Service, or as part of Your continued use of the Services. You agree that any registration information You give to TiviClick will always be accurate, correct and up to date and in the event that the information You provide is related to any third party you have their consent to use such information with the Services.
2. You agree to use the Services only for purposes that are permitted by (a) this Agreement; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
3. You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by TiviClick. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers).
4. You agree that You will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
5. Unless You have been specifically permitted to do so in a separate written agreement with TiviClick, You agree that You will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
6. You agree that You are solely responsible for (and that TiviClick has no responsibility to You or to any third party for) any breach of Your obligations under this Agreement and for the consequences (including any loss or damage which TiviClick may suffer) of any such breach.
Use of the Services is void where prohibited. By using the Services, You represent and warrant that (a) all registration information You submit is truthful and accurate; (b) You will maintain the accuracy of such information; and (c) Your use of the Services does not violate any applicable law or regulation. Your account may be deleted and your registration as a member with the Website may be terminated without warning, if TiviClick believe that Your age is less than 18. By using the Services, You declare and represents that You are older than 18 and that You have full legal capacity to complete such contractual action, including the use of a credit card or use of any other method of payment, without need in any additional approvals or consents.
Pricing and Payments
FEES AND PAYMENT FOR THE SERVICES
1. Following the initial Trial Period, the Services require payment of fees on a prepay basis. If you continue using the Services after the laps of the Trial Period, You shall pay all applicable fees, as described on the Website in connection with the Services (Service Fees) according to the term of subscription chosen by You (respectively: Subscription Term and Subscription Program). You authorize TiviClick directly or through third parties, to make any inquiries it considers necessary to validate Your account and financial information as provided while signing up for the Services.
2. The fees for the Services shall be in accordance with the price list and Subscription Program as made available and updated from time to time at http://www.tiviclick.com/pricing. TiviClick reserves the right to change its prices and Subscription Programs at any time. Such changes or modifications shall be posted online at the Website and effective immediately without need for further notice to any of You. Any changes or modifications in the Service Fees shall be effective when the Service in question come up for renewal as further described below.
3. In order to ensure that you do not experience an interruption or loss of the service, TiviClick offer an automatic renewal option. The automatic renewal option automatically renews the service for a renewal period equal in time to the original Subscription Term. For example, if your original Subscription Term is for 30 days, your renewal period will be for 30 days. The default setting of the service shall be for an automatic renewal. Therefore, unless you cancel your subscription, TiviClick will automatically renew the service when it comes up for renewal, and will take payment from the payment method you have on file with TiviClick at TiviClick’s then current rates, which you acknowledge and agree may be higher or lower than the rates for the original Subscription Term. You may cancel your subscription from the Services prior to the automatic renewal at any time. In such event the Services shall be discontinued upon the expirations of the respective period you have paid for and you shall not have any claims towards TiviClick in relation to the discontinuation of the service. For greater clarity, you understand and acknowledge that the cancellation will occur upon the next billing cycle only.
4. All Service Fees shall be charged automatically using the payment method as provided by you and as determined in the Website. If, at any time, You contact Your bank or credit card company and decline or otherwise reject the charge of any payable Service Fees, this act will be considered a breach of your obligation hereunder and your use of the Services will be automatically terminated.
5. All Service Fees are non-refundable unless otherwise expressly noted, even if such Service is suspended, terminated, or transferred prior to the end of the subscription term. Notwithstanding the forgoing, TiviClick offers You a special, one-time limited money back guarantee, for a period of 14 days following the registration for the use of the Services.
6. You will provide Your credit card number and any relevant information thereto, or with a valid purchase order or alternative document reasonably acceptable to TiviClick and the relevant fees shall be charged automatically in accordance with the Subscription Program elected by You; however, in the event that quantity of Your Agents exceeds that which is allowed by Your selected Subscription Program, TiviClick may charge you in accordance with the respective Subscription Program pursuant to which You actually operate and the Services You actually use. If TiviClick does not receive a written request for termination of the Services to our address stated above, You acknowledge and understand that TiviClick will continue to charge You for the Services as long as Your account remains active regardless if the Services are used or not.
7. Unless otherwise stated, the fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including but not limited to value-added, sales, use or withholding taxes, assessable by any local, state, provincial, federal or foreign jurisdiction (collectively, "Taxes"). You are responsible for paying any and all Taxes associated with Your purchases hereunder. If TiviClick have the legal obligation to pay or collect Taxes for which You are responsible under this paragraph, the appropriate amount shall be invoiced to and paid by You, unless You provide TiviClick with a valid tax exemption certificate authorized by the appropriate taxing authority. For greater clarity, TiviClick is solely responsible for taxes assessable against it based on TiviClick’s income, property and employees.
Subject to any applicable Additional Terms, in the event of termination of this Agreement and all of the Services (used by you), You will be refunded the remaining portion of fees not used prior to the termination of this Agreement and the Services in accordance with the Refund Policy: TiviClick offers a 14-day refund guaranty ("Guaranty Period"). In case of termination of this Agreement and all of the Services which You have acquired, You can submit a refund request by email to info@TiviClick.com within the Guaranty Period in order to receive the refund of the remaining unused portion of fees. TiviClick will not refund any amounts paid after the lapse of the Guaranty Period.
CONTENT IN THE SERVICES
1. You understand that all information (such as written text, sounds, photographs, videos or other mrdia), including, but not limited to user comments, messages, information, data, graphics, photographs, images, illustrations, audio and video), which You may have access to during, or through Your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the Content.
2. Content presented or otherwise made available to You during or through Your use of the Services, may be protected by intellectual property rights which are owned by third parties. You are solely responsible for any use that You make in such Content and for receiving proper authorization from the Content rights owners for such use.
3. You agree that You are solely responsible for (and that TiviClick has no responsibility to You or to any third party for) any Content that You create, transmit or display while using the Services and for the consequences of Your actions (including any loss or damage which TiviClick may suffer) by doing so.
USE OF THE WEBSITE AND SERVICES
The Website may contain and the Services may make available to You chat areas (including by video or other means of communication) and other message or communication facilities designed to enable You to communicate with the public at large, a person or a group. You agree to use the Website and Services only to post, send and receive messages and material that are proper and related to the particular Service. By way of example, and not as a limitation, You agree that when using the Website or a Service, You will not (and will not allow any of Your Agents or anyone on Your behalf) to:
1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
2. Publish, post, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
3. Conduct or forward pyramid schemes or chain letters.
4. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or legends of the origin or source of software or other material contained in any file.
5. Restrict or inhibit any other user from using and enjoying the Services or any part thereof.
6. Violate any code of conduct or other guidelines which may be applicable to any particular Service.
7. Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
8. Violate any applicable laws or regulations.
TiviClick has no obligation to monitor the Website or any Service. However, TiviClick reserves the right to review materials transmitted or posted in or through a Service and to discontinue, stop and remove any materials in its sole discretion. TiviClick reserves the right to terminate Your access to any or all of the Website and Services at any time without notice for any reason whatsoever. TiviClick reserves the right at all times to disclose any information and act in any way that may be required to satisfy any applicable law, regulation, legal process or governmental request, and for that purpose to edit, refuse to post or to remove any information or materials, in whole or in part, in TiviClick sole discretion.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
1. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED AS IS AND AS AVAILABLE FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IF SUCH EVENT IS APPLICABLE TO YOUR USE IN A PARTICULAR CASE, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU IN SUCH PARTICULAR CASE.
2. IN NO EVENT SHALL TIVICLICK, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, TIVICLICK LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LOCAL LAW.
3. WITHOUT LIMITING THE FOREGOING, IN PARTICULAR, TIVICLICK, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTRACTORS, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: A. YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, B. YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, C. ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND D. DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
4. ANY MATERIAL OBTAINED THROUGH THE USE OF THE SERVICES IS MADE SO AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
5. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TIVICLICK OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
6. WITHOUT LIMITING THE GENERALITY OF THE ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT TIVICLICK, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTRACTORS, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: A. ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY CONTENT, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY WHOSE ADVERTISING, SERVICES OR CONTENT APPEARS ON OR EXCHANGES THROUGH THE SERVICES; B. ANY CHANGES WHICH TIVICLICK MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); C. THE DELETION OF, CORRUPTION OF, OR FAILURE TO TRANSMIT, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; D. YOUR FAILURE TO PROVIDE TIVICLICK WITH ACCURATE ACCOUNT INFORMATION; E. YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
7. THE LIMITATIONS ON TIVICLICK’S LIABILITY TO YOU IN THIS SECTION 10 ABOVE SHALL APPLY WHETHER OR NOT TIVICLICK HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
8. Force Majeure. Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
You agree to defend, indemnify and hold harmless TiviClick, its Affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of and access to the Website and/or the Services; (ii) Your violation of any term of this Agreement; (iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any of Your content/data or use of the Services in any way caused damage to a third party. These obligations will survive the termination of the Services and of this Agreement.
1. You acknowledge and agree that TiviClick (or TiviClick’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by TiviClick and that You shall not disclose such information without TiviClick’s prior written consent.
2. Unless You have agreed otherwise in writing with TiviClick, nothing in this Agreement gives You a right to use any of TiviClick’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features (Traemarks). The Trademarks may not be used to disparage TiviClick or any third-party, or otherwise in any manner that may damage any goodwill in the Trademarks or otherwise cause any damage to anyone.
3. Other than the limited license set in Section 5 above, TiviClick acknowledges and agrees that it obtains no right, title or interest from You (or Your licensors) under This Agreement in or to any Content that You submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content. Unless You have agreed otherwise in writing with TiviClick, you agree that You are responsible for protecting and enforcing those rights and that TiviClick has no obligation to do so on your behalf.
4. You agree that You shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
5. Unless You have been expressly authorized to do so in writing by TiviClick, you agree that in using the Services, You will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
The Website and Services which You use may automatically be updated from time to time by TiviClick. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit TiviClick to deliver these to you) as part of your use of the Services.
TERM AND TERMINATION
1. This Agreement commences on the earlier of - the date You accept it by ticking the “YES I HAVE READ AND AGREED TO TERMS AND CONDITIONS” legend, or the date You first use the Services, and continues until terminated according to the provisions below.
2. TiviClick reserves the right, upon its sole discretion and at any time, to prevent or restrict Your use of the Website and the Services, for any reason whatsoever, without prior notice and without TiviClick being liable towards You and towards any third party.
3. Without derogating from the generality of the above, if and when You provide incorrect identifying details, including address, identification number, credit card details - in relation to the Services, and/or where You choose to pay by credit card and the application is rejected by the credit company and You fail to take action within three (3) days of receiving such rejection from the credit company in order to resolve the problem and obtain a new approval from the credit company, TiviClick shall be entitled to close Your user account upon its sole discretion, without derogating from its right to collect the payments due from You and/or any other remedy to which it shall be entitled by law.
4. TiviClick may terminate this Agreement, Your account and the Services for any reason upon 10 days written notice to You. You may terminate this Agreement, Your account and any of the Services at any time. Such termination shall be made on the Website and according to the instructions posted therein. The effective date of such termination of this Agreement, Your account and any of the Services shall be within three (3) days of the date on which You have completed the cancellation process on the Website.
5. Upon any termination by TiviClick, You shall pay any unpaid fees covering the remainder of the then current term of the Subscription Program You chose, after the effective date of termination. In no event shall any termination relieve You of the obligation to pay any fees payable to TiviClick for the period prior to the effective date of termination.
6. You shall have the sole responsibility to back-up Your Content. TiviClick shall have no obligation to maintain or provide any of Your data/Content and upon termination of the Services, TiviClick may, in its sole discretion and unless legally prohibited, delete all of Your data/Content in TiviClick's systems or otherwise in TiviClick's possession or under its control.
If you have a question or complaint regarding the Website, please feel free to contact us via e-mail at info@Tiviclick.com E-mail communications are not necessarily secure, so please do not include credit card information or other sensitive information in any e-mail to us. You may also contact us by contact us form at TiviClick.
Assignment: Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other party (not to be unreasonably withheld). Notwithstanding the foregoing, TiviClick may assign this Agreement in its entirety, without Your consent, to its Affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. A party’s sole remedy for any purported assignment by the other party in breach of this paragraph shall be, at the non-assigning party’s election, termination of this Agreement upon written notice to the assigning party.
You agree that:
(i) the Website shall be deemed solely based in Israel; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over TiviClick, either specific or general, in jurisdictions other than Israel. This Agreement shall be governed by the internal substantive laws of the State of Israel, without regard to its conflict of laws principles. Any claim or dispute between You and TiviClick that arises in whole or in part from the Website and/or the Services shall be decided exclusively by a court of competent jurisdiction located in Tel Aviv - Jaffa, Israel. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and TiviClick’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AND TIVICLICK AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE AND/OR THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
By registering to the Website and providing Your email address, You expressly agree to receive promotional content from TiviClick, by email, from time to time. If You provide TiviClick with Your phone number (at any stage of use of the Services), TiviClick shall be entitled to send You promotional SMS notices from time to time. If You wish not to receive such promotional content / notices, You may notify TiviClick at any time