TERMS AND CONDITIONS
Recently updated on December 2020
Your access to and usage of the Equitest Services, provided by Nezikist Group LTD (hereinafter the Services shall be referred to as “Services” or “Equitest” and Nezikist Group shall be referred to as “Nezikist”), located at Hanagr 24, Hod Hasharon, Israel, registered in Israel with Fiscal Identification Number (N.I.F.) 515556991, is governed by the following Terms and Conditions (hereinafter referred to as “Terms”). Use of the Equitest Services are expressly contingent on your agreement to adhere to the following terms. Nezikist reserves the right to amend these Terms at any time, with or without prior notice. These Terms constitute a binding legal agreement between you and Nezikist, governed by the laws of Israel.
Please make sure you carefully read these Terms and Conditions along with our Privacy Policy before using the Equitest Services.
1. Introduction
1.1 The following Terms apply to the access to and use of Equitest, and together with the Privacy Policy, constitute the entire agreement between you and Equitest.
1.2 The Equitest Website and the Equitest Platform will be jointly referred to as “Equitest.net”.
1.3 By using the online tool on Equitest.net or a third-party website through the Equitest Widget, you agree to be bound by the Terms set forth herein. You shall read and understood the Terms before using the online tool. If you do not agree to the Terms, you are not authorized to use Equitest.
1.4 Nezikist reserves the right to amend the Terms from time to time without prior notice to you. If a change has taken place, there will be an indication at the bottom of the Terms of the date they were last revised. Your continued use of Equitest following any change(s) to the Terms constitutes acknowledgment of your understanding of said change(s) and agreement to abide by same.
2. Definitions
2.1 Agreement means the agreement that consists of these Terms and the Privacy Policy, between you and Equitest, and govern your access to and use of Equitest.
2.2 Visitor means any person who visits Equitest.net and can use Equitest without becoming a Registered User.
2.3 Registered User means any visitor who registers to the Equitest Platform and has a personal account and may purchase the Platform Services offered by Equitest.
2.4 Equitest Website means the homepage of Equitest.net and all related web pages, through which a visitor can access the Equitest Platform and Services.
2.5 Equitest Platform means the framework and environment made available by Equitest to Registered Users.
2.6 Platform Services means the paid services supplied by Equitest to Registered Users upon payment for such services, consisting of the use of and access to the Equitest platform, maintenance, updates and support in the use of the Equitest platform, access to, maintenance, updates and support in the use of the Valuation Tools.
2.7 Input Sections means the page(s) on the Equitest Platform for the collection of Registered User data.
2.8 Equitest Algorithm means the proprietary technology used by Equitest for processing and analyzing the Registered User data and generating the Valuation Result.
2.9 Valuation Tools means the analysis of data provided by the Registered User through the Equitest Platform. Each analysis consists of three mandatory components – Input Sections, Equitest Algorithm, and Valuation Result, as well as one optional component – Downloadable Valuation Report.
2.10. Valuation Result means the result generated by the Equitest Algorithm after processing and analyzing Registered User data.
2.11. Downloadable Valuation Report means the report containing the Valuation Result and any other data results generated by the Equitest Algorithm, and available for downloading by the Registered User through the Equitest Platform.
2.12. Visitor/Registered User Data means all the information (in the broadest sense, including identifiable and anonymous data) provided by the visitor or the Registered User on the Equitest Platform and required for the performance of the analysis conducted by the Valuation Tools.
2.13 Personal Data means all information (in the broadest sense) required by visitors to become Registered Users and submitted to Equitest via the online registration form.
3. Use of the services and restrictions
3.1 Nezikist grants you the non-exclusive, non-sublicensable, and non-transferable right to have access to Equitest.
3.2 Visitors do not have access to the Platform Services and may not purchase the Platform Services offered by Nezikist unless they become Registered Users.
3.3 Registered Users have the right to purchase the Platform Services offered by Nezikist, and do not have the right to access the Equitest Platform, Platform Services and Valuation Tools otherwise.
3.4 The Services made available to you are provided solely for your own use. You shall not sell, transfer, sublicense, distribute, commercially exploit or otherwise make available to others, any of the Services. You may not include the Services in any product or service that you sell.
3.5 You shall not attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Services in any form or media or by any means. You shall not attempt to reverse compile, disassemble, reverse-engineer all or any part of the Services. You shall not access all or any part of the Services to build a product or service that competes with the Services, and you shall not use the Services to provide services to third parties. Use of any automated system or software to extract data from the Equitest Website or the Services (“screen scraping”) is hereby expressly prohibited.
3.6 You are expressly prohibited from attempting to gain unauthorized access to the Services and/or from modifying the same.
3.7 Nezikist does not guarantee the complete, accurate, and timely delivery of the Services. Nezikist, similarly, shall not be held responsible for any failures/issues related to hardware, software, peripherals, and telecommunication connections necessary for accessing and making use of the Services.
3.8 Nezikist is entitled to make changes to the Services at any time for any reason. Continued use of Equitest signifies your consent to the Services' changes.
4. Creating an Equitest account
4.1 A visitor to Equitest.net is anonymous and may, optionally, create an Equitest account and become a Registered User by submitting the information required in the online account registration form.
4.2 The Registered User must be a person. Accounts registered by “robots” or by other automated methods are not permitted and will be terminated by Nezikist. Moreover, any person responsible for creating such accounts will be prohibited from future use of Equitest.
4.3 You must provide your own personal data during the Equitest Account registration process. You agree that any such data is accurate and truthful. You hereby waive any claims against Nezikist related in any way to information provided by you that is not truthful and/or accurate.
4.4 You are at all times responsible for maintaining the confidentiality of your log-in credentials. You hereby waive any claims against Nezikist related to and/or resulting from your failure to safeguard your log-in credentials.
4.5 You are responsible for all activities related to and undertaken and content placed within your Nezikist account.
5. Platform services
5.1 The Platform Services are available solely to Registered Users, upon payment of a Service Fee.
5.2 The Service Fee is a one-timeoff fee paid before access to the Platform Services.
5.3 The Service Fee grants access to the Platform Services for the specific time period selected and purchased by the Registered User.
5.4 Once the Access Fee expires, users can purchase additional period.
5.5 If a Registered User logs into the Equitest Platform in a day outside the time period purchased with the Access Fee, he/she will not have access to the Platform Services.
6. Equitest Subscription Plans
6.1.1 When you submit an order confirmation and make the first payment for an Equitest Subscription Plan, you enter into a subscription agreement with Equitest for a limited period of time, with a definitive start and end date.
6.2 The subscription plans allows you to value a maximum number of companies, as defined in the particular plan enrolled into.
6.3 The Plan renovates on a periodic and recurring basis, depending on the subscription plan you have selected (each period is called a ‘billing cycle’). The service is billed to you in advance, 24 hours before your next billing cycle commences. For example, if you started your Basic Plan monthly subscription on January 10th, your next billing cycle starts on February 20th and you will be billed 24 hours earlier, namely on February 9th. Your Basic Plan subscription will automatically renew, as described above, at the end of each billing cycle, unless and until you cancel its auto-renewal through your account management page or by contacting our customer support team.
6.4 You may cancel your subscription Plan at any time and at the latest within 24 hours before your ongoing billing cycle ends, in which case you will retain access to the Basic Plan functionalities until your ongoing billing cycle ends.
6.5 The request for cancellation of your Subscription Plan will be immediately granted by Nezikist upon receipt of same. You will receive a confirmation email from Nezikist within 24 business hours.
6.6 As soon as the subscription period ends due to subscription cancellation or refused payment, the use hall not longer have access to the Platform Services.
6.7 Upgrading or switching from one plan to another is permitted. However, any such changes will not take effect until the subsequent billing cycle.
7. Payment terms
7.1. All prices indicated on Equitest.net are exclusive to the applicable VAT rates. The VAT rate applicable to a particular transaction will depend on the users billing information.
7.2 Payments for the Platform Services must be submitted prior to the user having access to such services.
7.3 The processing and facilitation of all payments for the Services are handled on behalf of Nezikist by an online payment service provider. This payment service provider is chosen and used at the sole discretion of Nezikist and may be changed at any time.
7.4 You can request and download the invoices for all your subscription payments through the History tab of your Billing section on your Equitest Platform. Invoices can also be provided to you by email upon written request.
7.5 If for any reason a Basic or Pro Plan subscription payment is unsuccessful, Nezikist retains the right to terminate your subscription, taking into consideration all facts and circumstances. If your subscription is terminated by Nezikist due to an unsuccessful subscription payment, the termination will be communicated to you via email.
8. Refund policy
8.1. In the event of dissatisfaction with the Services, you are entitled to request a refund for your purchase within seven (7) days after completing same by following the procedures described in section 10.3 below. A refund will be applied in the sole discretion of Nezikist. No refund will be granted in the event said request is deemed abusive, malicious and/or fraudulent. Should you request a refund 7 or more days after your first subscription purchase, whether or not a refund will be granted shall be at the sole discretion of Nezikist, and you waive any right to challenge Nezikist’s decision in any manner and in any forum.
8.2 Given the nature of the Services, Nezikist’s general policy is to not offer refunds for your purchase seven (7) or more days after the date of such purchase. or as required under Israeli consumer protection laws.
8.3 In order to request a refund, the applicable form on the Website must be completed and submitted. Your request will be processed and within 48 hours you will receive feedback on the approval (or rejection) of your request.
8.4 Nezikist reserves the right to assess each refund request in consideration of the usage of the Services, the problems you may have encountered, your overall reasoning behind making the request, and the completeness of the information you have provided within the refund request.
8.5 If your refund request is approved, the refund will generally be made through the same payment method that you used to make the payment in question.
8.6. A refund shall not be approved after a user had signed the first valuation report.
9. Changes to the services and prices
9.1 Nezikist reserves the right to make changes to the Website and to the Services. In such occasions, Nezikist will take responsible steps to inform you of these changes with as much advance warning as possible.
9.2 Nezikist reserves the right to make price adjustments for the usage of the Services. These price changes shall be announced within one (1) calendar month prior to their implementation.
10. Warranties and limitations of liability
10.1 The Services are not intended to be used as the sole basis for any decision-making and the results of said Services are based upon data which is provided by third-parties, the accuracy of which it would not be possible for Nezikist to guarantee. Services are provided on an “as is” basis without warranties of any kind, whether express or implied.
10.2 Nezikist offers no warranty or assurance about the contents of the Service. Services are used at your own risk.
10.3 Nezikist disclaims all liabilities in contract, negligence, for breach of statutory duty, or under any indemnity or otherwise in connection with the Service, and third-party service, and shall not be liable for any direct, indirect, or consequential damages/losses. Nezikist shall not be liable for the following types of financial loss: loss of profits, loss of earnings, loss of business or goodwill in addition to the following types of anticipated or incidental losses: loss of anticipated savings, increase in bad debt and failure to reduce bad debt.
10.4 Where any matter gives rise to a valid claim against Nezikist, its liability shall be limited to a sum equal to the sum paid for the Services supplied under this Agreement in the year in which the claim arises.
10.5 Each party to this Agreement warrants that it has obtained and will continue to hold all necessary licenses, consents, permits and agreements required for it to comply with its obligations under this Agreement and for the grant of rights to the other party under this Agreement.
11. Nezikist’s obligations and conduct
11.1 All results generated by the Valuation Tools and the related Downloadable Reports are saved and stored internally by Nezikist. Nezikist retains full control over these results and materials and will process them in the context of the services and products that Nezikist offers.
11.2 Equitest will process personal and company data in the context of the services and products that Equitest offers.
11.3 The Privacy Policy available through Equitest.net describes the conditions under which Equitest processes personal data. This Privacy Policy constitutes an integral part of these Terms. Your agreement to adhere to the Terms constitutes an agreement to adhere to the Privacy Policy as well.
12. Agreement duration and termination
12.1 The Terms shall enter into force on the date when you register on Equitest.net and create an Equitest Account and shall remain in force for an indefinite period of time.
12.2 You agree that Nezikist may contact you during this Agreement period regarding new developments and products.
12.3 From time to time Nezikist may make alterations to Equitest.net and to the Equitest Platform and in doing so will take reasonable steps to inform you of these changes with as much advance warning as possible.
12.4 You shall fully indemnify Nezikist against all third parties costs incurred in the pursuit of payment, including attorneys’ fees.
12.5 If Nezikist believes you have breached any provision of this Agreement or in the event of your insolvency or bankruptcy, Nezikist may, with an immediate effect and without a notice, suspend your access to the Services and terminate this Agreement.
12.6 Nezikist may dissolve this Agreement, in writing, with no prior notice and without notice of default and/or to suspend Nezikists’s obligations under the Agreement and/or consistent with the Services and/or to exclude you permanently from the Services and/or to remove the content you have published on Equitest.net or deny you access to same if:
12.6.1 you fail to meet the obligations pursuant to the Agreement and/or the Terms, or if you fail to do so in full or on time;
12.6.2 after conclusion of the Agreement Nezikist becomes aware of circumstances that give it good reason to fear that you will not perform your contractual obligations;
14.6.3 circumstances of such nature occur that would make it impossible for Nezikist to perform its obligations and/or responsibilities under the Agreement;
12.6.4 Nezikist is notified that you have been involved in any way in publishing content on Equitest.net that is discriminatory, racist, vindictive, offensive or otherwise unacceptable, in the sole discretion of Nezikist;
12.6.5 Nezikist is notified that you have been involved in any way whatsoever in publishing content on Equitest.net that is protected by intellectual property rights held by one or more third parties; or
12.6.6 You have been granted or requested a suspension of payments.
12.7 Upon request, You must use your best efforts to delete all and any part of the Services held by You in any format and You are prohibited from any further use of the Services.
12.8 Upon termination, clauses 3, 4, 10, 11, 13, 15, 16, 17, 18 shall continue with full force and effect.
13. Indemnity
13.1 You agree to indemnify, defend and hold Nezikist, its parents, subsidiaries, affiliates, officers and employees harmless from any loss, cost, damage, claim or demand, including reasonable legal fees, made by any third party, incurred or suffered by Nezikist or its parents, subsidiaries, affiliates, officers or employees in connection with your use of the Services that breaches this Agreement.
14. Intellectual property rights
14.1 Except as expressly provided herein, access to the Services does not grant you any database rights or rights in the copyright, trademarks or any other intellectual property rights of Nezikist or any third party.
14.2 The Services and everything on Equitest.net, including the Downloadable Valuation Reports, are protected by copyright and other intellectual property rights. you are not permitted to adapt, alter, modify, reverse engineer, de-compile or otherwise interfere with any element of the Service without Nezikist’s written permission.
14.3 Nezikist holds various mark registrations which shall not be used without the prior written authorization of Nezikist.
15. Force majeur
15.1 Nezikist shall not be liable for a failure to perform any of its obligations under this Agreement if such a failure is caused by the occurrence of any unforeseen contingency or by circumstances beyond the reasonable control of Nezikist, including but not limited to Internet outages, telecommunications outage, acts of war, natural disasters, etc..
16. Confidentiality
16.1 You recognize, agree and understand that your are prohibited from disclosing to any person any confidential information concerning the business, affairs, customers, clients or suppliers of Nezikist except as permitted by clause 16.2.
16.2 However, You may disclose Nezikist’s confidential information:
16.2.1 To your employees, officers, representatives or advisers who may need access to it for the purpose of carrying out the relevant party’s obligations under this Agreement. You shall ensure that your employees, officers, representatives or advisers to whom such information is disclosed complies with clause 16; and
16.2.2 As may be required by law, court order or any governmental or regulatory authority.
16.3 No party shall use any other party’s confidential information for any purpose other than to perform its obligations under this Agreement.
17. Miscellaneous
17.1 If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain in full force and effect.
17.2 The terms of this Agreement, the provision of the Service and the relationship between you and Nezikist shall be governed by the laws of the Israel. You understand and agree, irrevocably, to submit to the exclusive jurisdiction of the courts of Israel. By using the Services you recognize and understand that any future disputes you may have with Nezikist, to the extent such claims are not expressly excluded by this Agreement, must be brought and decided in Israel, subject to the applicable laws of Israel. The applicability of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
17.3 The failure of Nezikist to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such a right.
18. Contact
18.1 Nezikist can be contacted using our "Contact Us" page.
