OVERVIEW

1. • The store on the website tipa-corp.com (the “Website” or “Site”), is operated by TIPA Corp. Ltd. (“TIPA”). The terms “we”,“us” and “our” refer to TIPA.
   • By visiting our Site and purchasing TIPA products through it (the “Products”), you are using our on-line services (the “Service(s)”), you engage with us and agree to be bound by the following terms and conditions including those additional terms and conditions and policies referenced herein and/or available by hyperlink (“Terms of Service”, “Terms”). The Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers and/ or merchants.
   • We encourage you to read these Terms of Service carefully before accessing or using our Website. If you do not agree to all the terms and conditions herein, then you may not access the Website, use any services or purchase any product from us.
   • Our store is hosted on Shopify Inc. who provides us with the online e-commerce platform that allows us to sell our Products to you. Your use of the Site is also subject to Shopify Terms of Service at https://www.shopify.com/legal/terms. You must read, agree with and accept all of the terms and conditions contained or expressly referenced in Shopify Terms of Service in order to have the right to use the Service. In any case of a conflict between these Terms and the Shopify Terms of Service, the conflicting provision in these Terms shall prevail.
     
     
2. GENERAL CONDITIONS
   • By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are in the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site.
   • You may not use the Products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
   • You must not transmit any worms or viruses or any code of a destructive nature.
   • A breach or violation of any of the Terms will result in an immediate termination of your use of and access to the Site, and may also result in taking criminal or civil action against you.
   • We reserve the right to refuse providing the Services to anyone for any reason at any time.
   • You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks using third parties who commit to strict standards of information security (e.g. PCI), as commonly used in this industry. We will not be liable for any penetration of or breach in those third parties’ system and for any leak of data.
   • You agree not to use, access, reproduce, duplicate, copy, sell, resell or exploit any portion of the Service and/or the Products, without express written permission by us.
   • The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
     
     
3. MODIFICATIONS TO THE SERVICE AND PRICES
   • Prices for our products are subject to change without notice.
   • We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
   • We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
     
     
4. DISPLAY, PURCHASE AND USE OF THE PRODUCTS
   • The display of the Products on the Website is made for your convenience and shall not bind us in any way, including with respect to shape, size and color.
   • We reserve the right, but are not obligated, to limit the sales of the Products or Services to any person, entity, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
   • We reserve the right to limit the quantities of any Product that we offer.
   • All descriptions of the Products or Product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.
   • Any purchase of our Products will be governed also by TIPA Terms and Conditions attached hereto as Appendix A. In any case of conflict between these Terms and the TIPA Terms and Conditions of Sale, the conflicting provision in these Terms shall
   • We do not warrant that the quality of any Product, service, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
   • Any return or exchange of the Products shall be conducted only according to our Product Warranty set out in section 4 of Appendix A
     
     
5. PRICE AND PAYMENT
   • For purchasing the Products, you shall pay the prices indicated on the Website, including associated shipment costs, and all applicable taxes (sales, use, excise, value-added, and/or other direct and indirect taxes, charges, levies and duties incurred through commercial transactions). All pricing offered by TIPA hereunder is expressed as a net amount and shall be made free and clear of, and without reduction for, any withholding taxes. For the avoidance of doubt, it is hereby clarified that any Customs charges shall be borne by you, and you will be responsible for releasing the Product from Customs.
   • Payment method in the online store is by credit card. You shall provide your credit card information for purchasing our Products on the Website. The order on the Website will be approved and processed only subject to credit card approval.
     
     
6. ACCURACY OF BILLING AND ACCOUNT INFORMATION
   • We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, per entity or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
   • In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
   • You agree to provide current, complete and accurate purchase and account information for all purchases made on the Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
     
     
7. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
   • If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comment(s)”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use Comments that you forward to us. We are and shall be under no obligation to (1) maintain any Comment in confidence; (2) pay compensation for any comment; or (3) respond to any comment.
   • You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or the Website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy and shall fully indemnify us for any loss or expense we may suffer by making use of the Comments. We take no responsibility and assume no liability for any comments posted by you or any third-party.
     
     
8. PERSONAL INFORMATION

Your submission of personal information through the Website is governed by our Privacy Policy available

9. ERRORS, INACCURACIES AND OMISSIONS
   • Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to Product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on the Website is inaccurate at any time without prior notice (including after you have submitted your order).
   • We undertake no obligation to update, amend or clarify information in the Service or on the Website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on the Website, should be taken to indicate that all information in the Service or on the Website has been modified or updated.
     
     
10. PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site, its content and the Products: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related Website, other Websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related Website, other Websites, or the Internet.

We reserve the right to terminate your use of the Service or the Website for violating any of the prohibited uses set forth above.

11. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
    • We do not guarantee, represent or warrant that your use of the Services will be uninterrupted, timely, secure or error-free.
    • We do not warrant that the results that may be obtained from the use of the Service or the Products will be accurate or reliable.
    • You expressly agree that your use of, or inability to use, the Service and Products is at your sole risk. The Service and all Products delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, purpose of use, fitness for a particular purpose, durability, title, and non-infringement.
    • In no case shall TIPA, our directors, officers, advisors, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
12. INDEMNIFICATION

You agree to indemnify, defend and hold harmless TIPA and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, advisors, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

13. SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

14. TERMINATION
    • The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
    • These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site.
    • If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services and/or the Website and any part thereof.
      
      
15. ENTIRE AGREEMENT
    • The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
    • These Terms of Service and any policies or operating rules posted by us on this Site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
    • Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
      
      
16. GOVERNING LAW
    • These Terms of Service and any separate agreement whereby we provide you Services or Products, shall be governed by and construed in accordance with the laws of the state of Israel.
    • Any and all actions or proceedings arising out of or relating to these Terms shall be exclusively filed and resolved by the courts of the district of Tel-Aviv, Israel, provided that TIPA may seek injunctive relief in any court of competent jurisdiction.
      
      
17. CHANGES TO TERMS OF SERVICE
    • You can review the most current version of the Terms of Service at any time on this page.
    • We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
      
      
18. CONTACT INFORMATION

Questions about the Terms of Service should be addressed to us at
legal@tipa-corp.com.

 

Appendix A

TERMS AND CONDITIONS OF SALE

1. GENERAL. These Terms and Conditions of Sale ("Terms and Conditions") are subject to the Terms of Service and apply to all deliveries and sales of TIPA Products made by TIPA Corp Ltd., having an address of 6 Haharash Street, Hod-Hasharon, Israel (“TIPA”, “our”), pursuant to all purchases by you (“Customer”) through the Website (each, an “Order”), and accepted by TIPA, for the sale of TIPA's Products. Any term which is not expressly defined herein shall have the same meaning pertaining to it in the Terms of Service that these Terms and Conditions are attached thereto as Appendix A.
2. Delivery shall be in accordance with the specific Incoterms 2010 term stated in the price quotation and Order confirmation for each particular Product. Delivery dates specified on the Order confirmation are approximate only, and any reasonable variation therefrom shall constitute adequate performance on the part of TIPA. TIPA shall not be liable for failure to meet delivery terms if such failure is a result of accidents, machinery or equipment breakdown, strikes or labor troubles, material shortages, fires, floods, war, terrorism, public disturbances or riots, government allocations, governmental laws, regulations, or other actions by a government or any agency thereof, acts of God, epidemics, or any circumstances beyond our control (each, a "Force Majeure Event"). Upon delivery of the Products or within up to one (1) week thereafter, if Customer verifies (i) that there is apparent damage resulting from the transport of the Products or any other visible defect in the Products; and/or (ii) that the Products do not conform to the agreed specifications or any other requirements of the applicable Order, Customer shall so notify TIPA in writing (the "Delivery Defect Notice"). Absent TIPA's receipt of a Delivery Defect Notice within such one (1) week period, the Products shall be deemed accepted. The quantity of any consignment of Products as recorded by TIPA upon dispatch from TIPA’s place of business shall be conclusive evidence of the quantity received by the Customer unless the Customer can provide conclusive evidence proving the contrary.
3. RISK AND TITLE. Customer shall be fully responsible and liable for any Products from the time of delivery of such Products. Title to the Products ordered shall pass to Customer upon TIPA's delivery of the Products at the premises of TIPA to the carrier.
4. RESCHEDULING OF DELIVERIES. The shipping date of Orders may not be delayed, unless otherwise agreed in written by TIPA.
5. PRODUCT WARRANT TIPA warrants to Customer alone that the Products supplied to Customer under these Terms and Conditions shall be free from material defects in material and workmanship on the date of delivery (as defined in the applicable Incoterms 2010 term) (“Delivery”) of the Products (the “Warranty”). If any Product furnished by TIPA fails to conform to the above warranty or any representation made by TIPA on the Site, TIPA shall repair or replace the defective Product free of charge. Within 7 days from Delivery, Customer will notify TIPA in writing of any Products that do not comply with the above Warranty, which notice shall specifically describe the nonconformity. TIPA will issue a Return Material Authorization ("RMA") number to the Customer. Customer shall then return to TIPA such defective Products to a receiving point designated by TIPA. TIPA promptly will evaluate the Products to determine the nonconformance and its root cause and will provide the Customer with an analysis of the nonconforming Products. All shipping charges for returns and replacements of defective Products to TIPA shall be at TIPA's expense. TIPA shall solely decide whether to credit the Customer or to replace the Products free of charge where the Products have been found defective. If the Product is reasonably demonstrated by TIPA not to be defective, or in cases when the warranty does not apply as defined below, then the Customer will reimburse TIPA for the shipping charges. This limited warranty does not extend to (1) any Product that has been misused, abused, neglected, or any negligence of any party other than TIPA or any use of the product not as approved by TIPA; (2) any Product that has been altered or repaired without the written consent of TIPA; (3) any failure of the Product to conform to the above warranty as a result of improper design, maintenance, installation or service, operation or use contrary to furnished instructions; (4) improper transportation or improper storage of any Product; (5) any damages due to a Force Majeure Event; or (6) any combination of the Product with a product not authorized by TIPA. This RMA process shall not release the Customer from its payment obligations, according to the agreed payment terms. THE FOREGOING LIMITED WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY MADE OR DEEMED MADE BY OR ON BEHALF OF TIPA, AND TIPA MAKES NO OTHER WARRANTIES, IN FACT OR BY OPERATION OF LAW, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT SATISFACTORY QUALITY, TITLE, QUIET POSSESSION, NON-INFRINGEMENT, OR QUALITY OF SERVICE, OR THAT OTHERWISE ARISE FROM A COURSE OF PERFORMANCE OR USAGE OF TRADE.
6. Limitation of liability. EXCEPT FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, IN NO EVENT SHALL TIPA BE LIABLE TO CUSTOMER FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND OR NATURE, LOSS OF PROFITS, ANTICIPATED SAVINGS OR BUSINESS, THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES, DAMAGE TO REPUTATION OR GOODWILL, OR ANY DAMAGES RESULTING FROM LOSS OF USE OR DATA, ARISING OUT OF THESE TERMS AND CONDITIONS OR THE SALE OF PRODUCTS, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING THE POSSIBILITY OF NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE, AND EVEN IF TIPA HAS BEEN WARNED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE, AND EVEN IF ANY OF THE LIMITED REMEDIES IN THESE TERMS AND CONDITIONS FAIL OF THEIR ESSENTIAL PURPOSE. IN ANY EVENT, THE AGGREGATE LIABILITY OF TIPA UNDER THESE TERMS AND CONDITIONS, WHETHER IN CONTRACT OR TORT, OR OTHERWISE, SHALL BE LIMITED TO THE REVENUES ACTUALLY RECEIVED BY TIPA FROM CUSTOMER UNDER THE APPLICABLE ORDER.
7. TECHNICAL ADVICE AND ARTWORK. Any technical advice or information offered or given in connection with the use of any Products is an accommodation to Customer, and TIPA shall have no responsibility or liability whatsoever for any acts or omissions of Customer based or in reliance upon such advice or information. Customer shall not use, duplicate or disclose to any third party, without the prior written consent of TIPA, any Product's technical data delivered or disclosed by TIPA to Customer for any purposes. Customer shall not be entitled to add printed Graphic on the Products or other customization.
8. CERTIFICATION MARKS. Customer acknowledges and agrees that the Product may or may not be delivered to Customer preprinted with a third party certification mark or logo granted to TIPA indicating that the Product is certified pursuant to a third party certification program (such mark or logo, the "Certification Mark"). Customer shall not, in any manner, modify, enhance, obscure or alter the Certification Mark without the express prior written consent of TIPA. If the Product is not delivered by TIPA preprinted with a Certification Mark, Customer shall not use any Certification Mark on or in connection with the Product, whether by printing the Certification Mark directly on the Product or associating the Certification Mark with the Product in any form of communication without the express prior written consent of TIPA.
9. PROPERTY RIGHTS. The design, development or manufacture by TIPA of any Products, and any know-how, including methods, logic, techniques, processes, or technologies embodied in or relating to the Products, and any developments, improvements, continuations, feedback or derivations thereof shall not constitute or be deemed a work made for hire and shall not entitle Customer to any rights in copyright or other intellectual property rights or interests in the Product. All rights, title, and interest, including any intellectual property rights embodied in or relating to the Products shall remain the property of TIPA. Customer may not modify, reverse engineer, reverse assemble, or in any way use any Products to facilitate or aid in the design of a compostable solution, whether for internal consumption or open market sale, or for any other purpose inconsistent with these Terms and Conditions. If TIPA receives any feedback from Customer (g., questions, comments, suggestions or the like) regarding any of the Products (collectively, “Feedback”), all rights, including intellectual property rights, in such Feedback shall belong exclusively to TIPA and shall be considered TIPA's Confidential Information; and Customer hereby irrevocably and unconditionally transfers and assigns to TIPA all intellectual property rights it has or may have in such Feedback and waives any and all moral rights that Customer has or may have in respect thereto.
10. SUSPENSION OR CANCELATION OF DELIVERIES. If Customer fails to pay any sum when due, fails to accept any delivery of conforming Products, returns Products without advance authorization of TIPA, or otherwise fails to abide by these Terms and Conditions, then, in addition to any other remedies allowed under applicable law, TIPA may suspend deliveries of the Products while Customer is in breach, or cancel all further deliveries.
11. Customer agrees to (and hereby does) indemnify and hold harmless TIPA and its officers, directors, employees, agents and representatives from and against any and all claims, actions, lawsuits or proceedings and any associated damages, losses, liabilities, judgments and expenses (including attorneys' fees) arising out of or relating to any breach of these Terms and Conditions.
12. EXPORT CONTROL. Customer alone shall be responsible, and shall take all appropriate measures, to comply with all applicable export control regulations.