PASSPORTCARD’S END USER LICENSE AGREEMENT

Definitions:

  • Covered Member means any natural or legal person that concluded an Insurance Contract with PassportCard Nomads and his Insurance Policy with PassportCard Nomads is currently active.
  • Digital Assets means any of PassportCard Nomads’ digital platforms, websites, applications, and systems.
  • Final Insurance Quote means an offer that (1) began as an Insurance Quote (2) send by PassportCard Nomads’ representative to a Potential Covered Member and/or his Insurance Broker and (2) includes clear language indicating that the offer is final.
  • Website means PassportCard Nomads’ proprietary digital platform for purchasing the PassportCard Nomads insurance products and services, including the mobile application, both of which are the subject matter of this End User License Agreement (EULA).
  • EULA means PassportCard Nomads’ End User License Agreement which governs the access to, and the use of, the Website.
  • Insurance Contract means a contract between a person and PassportCard Nomads under which PassportCard Nomads, either by itself or through third party carriers, covers the Insured risks specified in the insurance contract through one of PassportCard Nomads’ proprietary products.
  • Insurance Quote means a quote generated through the Website’s quote module only.
  • Insurance Policy means the terms, conditions, coverage, exclusions, insurance certificate underwriting decisions and any other term of the Covered Member’s coverage with PassportCard Nomads.
  • Insurance Premium means the periodic payment for the Insurance Policy.
  • Login Information means the Website user’s email address, password and one time Password (if applicable) which are used to create an account with the Website and to access said account.
  • One Time Password (OTP) means a code sent to the Website user’s device or email account with which said user can access the Website.
  • PassportCard Nomads means Mashlim Letoshav Hul Ltd.
  • Potential Covered Member anyone that is not a Covered Member and has started the process of purchasing one of PassportCard Nomads’ products on the Website.
  • Personal Data means any information requested by PassportCard Nomads from a Potential Covered Member and/or Covered Members and necessary for the conclusion of an Insurance Contract.
  • Underwriting Process means the process in which the Potential Covered Member is asked relevant question for risks’ pricing and insurance limitation purposes.
  • Sensitive Data means a Potential Covered Member’s and/or Covered Member’s financial and/or medical data necessary for the Insurance Contract.

 

  1. PREAMBLE
    • Thank you for using the PassportCard Nomads Website (PassportCard Nomads, it’s employees, delegates, agents, and representatives referred to in this policy as “PassportCard Nomads”, “PCN”, “we,” “us,” “our” and other similar pronouns). This PassportCard End User License Agreement (“EULA”) is a legal contract between you and PassportCard Nomads. The terms “Website”, “Website Services” or “Services” include any use, access or services rendered through the Website and any functionality that is included in this EULA and exists in the Website.
    • Please read this EULA carefully before using the Website. By using the Website, you agree to be bound by this EULA and any additional terms and conditions that are referenced below or otherwise may apply to specific areas of the Website.
    • You represent that you are legally able to accept this EULA and affirm that you are of legal age to form a binding contract. If you do not agree to these EULA, you may not use the Website. This EULA applies to your use of the PassportCard Nomads mobile application, if applicable.
    • We reserve the right to change this EULA at any time. Such changes will be effective when posted to the extent allowed by applicable law. Any changes made to this EULA will only apply prospectively. By continuing to use the Website after we post any such changes, you accept the EULA as modified.
  1. WEBSITE RULES OF CONDUCT
    • There are a few rules of conduct that you are required to follow when you use the Website:
      • Do not “harvest,” “scrape,” or otherwise extract or collect information from the Website using an automated software tool or manually on a mass basis (unless we have given you separate written permission to do so). This includes, for example, information about providers, our products, Insurance Premiums, Insurance Policies etc.
      • Do not use automated means to access the Website or gain unauthorized access to the Website or to any account or computer system connected to the Website. This prohibition does not apply to search engines accessing the Website for indexing purposes.
      • Do not obtain, or attempt to obtain, access to areas of the Website that are not intended for access by you.
      • Do not “flood” the Website with requests or otherwise overburden, disrupt or harm the Website.
      • Do not circumvent or reverse engineer the Website.
      • Do not reverse engineer the data on the Website or reuse the data for any commercial purposes.
      • Do not restrict or inhibit another user or users from using the Website.
    • If you contact us via the Website do not:
      • infringe any third-party’s intellectual property right (such as copyrights).
      • divulges another person’s or entity’s confidential or private information or trade secret.
      • send us any virus, malware, spyware or other harmful content or code.
      • you must comply with all applicable laws and contractual obligations when you use the Website.
      • use or merge the Website, or any component or element thereof, with other software, databases or services not provided by us.
      • sublicense, distribute, sell, or otherwise transfer the Website to any other party
      • use the Website as a service bureau, or lease, rent or loan the Website to any third party.
  1. CHANGING THE WEBSITE FUNCTIONALITIES AND SERVICES
    • We reserve the right to make changes to, or to suspend or discontinue (temporarily or permanently), the Website’s functionalities and services or any portion thereof. You agree that we will not be liable to you or to any third party for any such modification, suspension or discontinuance.
    • Some services that are detailed in this EULA may not exist or function at all in the Website. Nothing stated herein shall be interpreted as a commitment or a guarantee to provide any of the services and/or functionalities prescribed herein.
  1. LOGIN INTO THE WEBSITE
    • Login Information – In order to ser up your account with us we will ask for your email address and requested password. You are solely responsible, and accountable, for controlling your Login Information and for authorizing, monitoring, and controlling access to your account. You agree to notify us immediately of any unauthorized use of your Login Information or of any need to deactivate the Login Information associated with your account.
      • Valid Email Address – you should only use a valid email account used by you on a regular basis. Using fake, or unauthenticated email accounts to login into our Website violates this EULA.
      • One Time Password (OTP) – for security purposes, and to ensure only you have access to your account, we may require you to insert your phone number or your email account. We will then send you a verification code to verify your identity before you log into your account. If you’re having any troubles logging into your account, you can always call us for further assistance.

 

  1. THE THINGS YOU CAN DO WITH THE WEBSITE
    • Insurance Quotes – our Website allows you to receive quotes and offer for our insurance products.
      • Binding Insurance Quotes – the quotes you generate through the Website include general, and not final, premiums and coverage information. Final Insurance Quotes can only be provided (1) after your Potential Covered Member has gone through our Underwriting Process in the full Application process and (2) by one of our sales representatives.
    • Full Application Process – our Website allows you to apply for our insurance products digitally, at the end of which you will issue you an Insurance Policy on our behalf. Through this process you will go through several sensitive steps. You must comply with the following requirements for the application process to be valid and binding.
      • Data Accuracy – During the full application process we will ask you specific questions and request Personal and Sensitive Data. You must provide us with accurate and up to date data. Failing to do so may jeopardize the full application process and the legal validity of your Insurance Contract.
      • Disclaimers and Consent Declarations – The full application process includes disclaimers and consent declarations (hereinafter: “Website’s Instructions”), which form the legal basis for our engagement with you. By using our website, you approve that you have read them and that you agree to their content.

 

  1. THE DATA YOU CAN SEE ON THE WEBSITE
    • General Information – our Website shows you general information and status of your business with us. This information may include, but is not limited to your personal information, your insurance products, Insurance Qoutes, claims history, payments history and correspondences with us.
    • Notifications – We may send you notifications which we believe are relevant for your insurance products.
    • Medical Information Disclaimer – Nothing on this Website is meant to replace professional medical advice, medical care, medical diagnosis, or treatment. We are not responsible for information provided by health information content providers, third party sites linked to or framed by the Website, and we do not make any representations regarding the content, accuracy, or timeliness of any of such information.
  2. MONITORING YOUR WEBSITE’S ACCOUNT
    • Activity on your Website’s account is regularly monitored by PassportCard Nomads and/or a third-party entity acting on its behalf, in order to track and monitor transactions, compliance with this EULA and to ensure that the Website function as it should. Any Personal and Sensitive Data that is stored in the Website will be stored accordance with applicable laws and regulations. For more information, please see our Privacy Policy at https://www.passportcardnomads.com//privacy-notice/.

 

  1. OWNERSHIP OF THE WEBSITE, CONTENT AND SUBMISSIONS
    • We or our licensors or partners own the intellectual property rights in the content, non-Personal and Sensitive Data and materials displayed on the Website. You may use the Website (including such content, data, and materials) only for the purposes for which it was intended. You may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Website unless explicitly authorized in EULA or by the relevant sections in the Website.
    • You may not use any trademarks, service marks or copyrighted materials appearing on the Website or any of our Digital Assets, including but not limited to any logos, without our express written consent.
    • If you submit or post any materials or content to the Website, you grant us and our affiliates a non-exclusive, royalty free, perpetual, irrevocable, transferrable, assignable, sub-licensable, worldwide license to use such materials and content for our business purposes, in any form, in any media, and via any technology we choose, whether it exists now or is created in the future, subject only to any privacy-related limitations outlined in our Privacy Policy. You represent that any materials and content posted or otherwise submitted by you to the Website is original to you and that you have the right to grant us these rights.
    • We are always thinking and creating, to avoid any disputes between us relating to ideas that you have submitted to us you agree that, if you send us your ideas, you are giving us the right to use them, and you waive and release us from claims that we have used your ideas without your permission.
  1. ELECTRONIC COMMUNICATIONS
    • The communications between you and us, and notifications we may send you, via the Website are via electronic means, whether you visit the Website and/or Digital Assets.
    • For contractual purposes, you consent to receive communications from us in an electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. This includes notifications for debts you may have with us or any notices we are obliged to provide you under applicable regulations.
  1. SUSPENSION OR TERMINATION OF ACCESS
    • We have the right to deny access to, and to suspend or terminate your access to, the Website or to any features or portions thereof, and to remove and discard any content or materials you have submitted through the Website, at any time and for any reason, including due to violation by you of this EULA.
    • In addition, we have a policy of terminating the Website’s services and/or your access to any of the Website’s services usage privileges of users who are repeat infringers of intellectual property rights. In the event that we suspend or terminate your access to and/or use of the Website’s Services, you will continue to be bound by this EULA that were in effect as of the date of your suspension or termination.
  1. THIRD PARTIES’ LINKS AND REFERENCES
    • The Website’s Services may contain links to other websites, apps, or to third party sellers of products and services. Such links are provided for your convenience only, and you access them at your own risk. We are not responsible for, and do not endorse, the content of any such sites or apps, or the products and services sold on them, nor do we take responsibility for the accuracy of any such sites or apps. When you visit a linked site or app you should read the terms of use and privacy policy that govern that particular linked site or app.
  1. SCOPE OF LIABILITY
    • You agree to indemnify, defend and hold us harmless from and against any claims, liabilities, losses, damages, costs and expenses, including reasonable attorneys’ fees, arising from your misuse of the Website, your submissions to the Website’s Services, or any violation of this EULA, or applicable law, by you or by someone accessing the Website via your account.
    • We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with us in defending such claims. This indemnification, defense and hold harmless obligation will survive this EULA and the termination of your use of the Website.
  1. APPLICABLE LAW, WAIVERS, SEVERABILITY AND COMPLIANCE
    • This EULA, and the relationship between you and us, will be governed by the laws of the state of Israel. The competent courts of the Tel-Aviv district have exclusive jurisdiction to adjudicate any dispute arising directly or indirectly of this EULA. Our failure to exercise or enforce any right or provision of this EULA will not constitute a waiver of such right or provision. If any provision of this EULA is found by a court of competent jurisdiction to be invalid, you and we nevertheless agree that the court should endeavor to give effect to intentions as reflected in the provision, and the other provisions of this EULA will remain in full force and effect.
    • You are solely responsible to comply with any laws and regulations applicable to you as a Covered Member. We will not be liable to you, or to anyone on your behalf, for any damages resulted from violations of applicable laws.
    • In addition, you hereby acknowledge that the PassportCard Nomads insurance plan (hereinafter: the “Product”) is licensed and approved by the Israeli Capital Markets, Insurance and Savings Authority (hereinafter: the “Regulator”). You also hereby acknowledge and approve that you are purchasing the Product willingly and freely with no solicitation by the Company and that you are either purchasing the Product while not located in your country of permanent residence, or that by purchasing the Product you are not infringing any law or regulation of your country of permanent residence. You further agree not to bring any claims and/or complaints against us to any regulator other than the Israeli Regulator. You hereby agree to compensate us in full for any damages and/or penalties which resulted from claims brought by you to any regulator but the Israeli Regulator.
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  1. DISCLAIMERS OF WARRANTIES
    • We provide the Website’s Services, and their content, data, and services on an “AS IS” and “AS AVAILABLE” basis, without warranty of any kind whether express or implied (including warranties of merchantability, fitness for any particular purpose and non-infringement). This means that we make no promises that:
      • The Website will be available at any particular time.
      • The Website will meet any particular requirements or provide any particular results.
      • The information on the Website will be accurate or up to date.
      • The Website or the information transmitted to or from it or stored on it will be secure from unexpected unauthorized access.
      • Information and materials that you store in your Website’s account will remain retrievable and uncorrupted due to an unexpected event.
      • The Website will be uninterrupted or error-free or will be free of viruses or other harmful components, or that defects will be corrected.
      • We will provide maintenance and support services for the Website beyond what may be required by applicable law.
    • We likewise make no warranties or representations regarding any services provided via the Website. Any of the Website’s services are provided “AS IS” basis, except to the extent, if at all, otherwise set forth in a separate agreement entered into between you and us.
    • If you purchase a product or service from a third party after following an ad or link on the Website, the terms of sale for your purchase are between you and the third party from whom you made the purchase. We are not responsible for such third-party products or services or for disputes between you and their sellers.
    • You agree that use of the Website is at your own risk. Although we try to ensure that the information posted on the Website is accurate and up to date, we reserve the right to change or make corrections to any data presented in the Website. We cannot, and do not, guarantee the correctness, timeliness, precision, thoroughness or completeness of any of the information available via, or on, the Website and other Digital Assets, nor will we be liable for any inaccuracy or omission concerning any of the information provided via, or on, the Website. No advice, results, or information, whether oral or written, obtained by you from us or through the Website shall create any warranty not expressly made herein. We hereby disclaim, and you hereby waive, any and all warranties and representations made in product or services literature, frequently asked questions documents, support documentation, by our support agents, and otherwise via, or on, the Website or in correspondence with us or our agents. We are not responsible for any disputes between users, or between users and third parties.
    • These disclaimers apply to us and our affiliated and related companies as well as third parties that are involved in the creation, production or distribution of the Website, and any of their employees and agents.
  1. LIMITATION OF LIABILITY
    • If you are dissatisfied with the Website, or any materials, products, or services on, or provided through the Website, or with any of the provisions of this EULA, your sole and exclusive remedy is to discontinue using the Website and our other Digital Assets.
    • In no event will we or any of our affiliates, or any of our or their directors, officers, employees, agents or content or service providers, be liable for any damages (including, without limitation, direct, indirect, special, incidental, consequential, exemplary or punitive damages) arising from, or directly or indirectly related to, the use of, or the inability to use the Website (or the content, materials and functions provided as part of the Website), whether in an action of contract, negligence, or strict liability, even if we knew, should have known or had been advised of the possibility of such damages. Notwithstanding and without limiting the foregoing, you agree that our liability and the liability of our affiliates, and of any of our or their directors, officers, employees, agents or content or service providers, if any, arising out of any kind of legal claim in any way relating to the use of the Website, will not exceed the amount of premium you have paid us in the 30 days prior to the formation of your claim, if any. If the applicable law will invalidate the limitation of liability prescribed by this clause, our liability and the liability of our affiliates, and our and their directors, officers, employees, agents or content or service providers, is limited to the fullest extent permitted by such state law.
  1. OTHER
    • This EULA, together with any additional terms and conditions that are referenced herein or otherwise may apply to specific areas of the Website, constitute the entire agreement between us and you with respect to the Website. This agreement is personal to you and you may not assign it to anyone.
    • If any provision of this EULA is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this EULA and will not affect the validity and enforceability of any remaining provisions. This EULA is not intended to benefit any third party, and do not create any third-party beneficiaries. Accordingly, this EULA may only be invoked or enforced by you or us.
    • YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO USE OF THE WEBSITE, OR THIS EULA, MUST BE FILED BY YOU WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ACCRUED OR BE PERMANENTLY BARRED.
  1. CONTACT US
    • If you have any questions or comments regarding these Terms of Use and License Agreement, you may contact us at:

Full name: PassportCard Nomads

Phone: +49 40 46 898 6375

Email: cs@passportcardnomads.com

Last Updated: 23.8.2021