MY PLANET TERMS & CONDITIONS
WEBSITE TERMS OF USE
I. GENERAL PROVISIONS
1. User who wishes to use the Services available by means of the Site, has to accept these Terms of Use and undertake the duty to follow the rules presented herein. Commencing to use the Services shall be understood as full acceptance and confirmation of understanding of the Terms of Use and conclusion of an agreement on rendering the Services with no need to draw up a separate agreement. Each User, from the moment of undertaking an action, referred to hereinabove, shall be obliged to follow provisions hereof.
2. The User shall be a natural person at least 18 years of age or older. If the User is a natural person with limited legal capacity, he/she may use the Services subject to the consent of the parent or legal guardian, made available in writing at any time upon Planet's request.
II. DEFINITIONS
1. Whenever the following capitalized terms are used below, they should be understood in the sense indicated below, unless the context of their use clearly indicates otherwise:
a. "Terms of Use" – the terms herein, as shall be from time to time.
b. "Service Provider” or "Planet” or "we" - Cinemas Theatres Ltd., with registered office at 91 Medinat HaYehudim, Herzliya, Israel 4676673, registered with the Israeli Registrar of Companies with a company number 51-136141-2.
c. "User” – a natural person who uses the services provided by Planet electronically, under the terms herein.
d. "Site” – internet website, address: https://www.planetcinema.co.il/, including the Planet Mobile Application, administered by Planet and other websites and applications owned or operated by or on behalf of Planet from time to time. The Site functionality may depend on whether the User uses the website or the mobile application.
e. "Contact form” – functionality enabling the User to send messages to Planet via a shared form available at https://www.planetcinema.co.il/contact
f. "Service” – a service provided electronically by Planet via the Site to the User;
g. "Personal Data" - means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly;
h. "Account” – an individual online account of the User, under which the data of the registered and logged User are collected;
i. "Registration” – filling in and sending by the User, the data to Planet via the form, resulting in opening of an Account and use of the Service;
j. "Password” - a string of alphanumeric and special characters specified by the User, necessary to authorize the User during Registration and subsequent Logging.
k. "Login” – User's e-mail address provided during Registration;
l. "Logging” – entering an individual identifier (Login) and Password, allowing access to the contents of the Account, after prior registration by the User;
m. "Agreement” – agreement on provision of the Service, the conclusion of which is through the acceptance of these Terms of Use and starting to use the Service, under which Planet provides electronic services to the User.
n. "Mobile Application" – an application that Planet provides to the User, available to download from App Store (IOS) and Google Play (Android).
o. "Privacy Policy" – rules for collecting and processing Users' personal data and for storing and protecting information.
III. SERVICES RENDERED BY THE SITE
1. Services provided by the Site may be free of charge (i.e., Services that do not require payment by the User) or paid (i.e., such which result in a duty to pay by the User). Some of the Services may also require Registration.
2. Planet through the Site may provide the following services electronically:
a. Service to view the content of the Site, including the possibility of displaying information about Planet, our cinemas, films, etc.
b. Service of the Contact Form;
c. Account access and management service;
d. Service to reserve seats and purchase tickets online to Planet’s cinemas;
e. Service to purchase e-gift cards and to use e-gift cards, the Vouchers and gift cards on the Site;
3. User’s use of the Mobile Applications is also subject to the terms of the operating systems providers, such as Google Play, Terms of Service and Apple Media Services Terms and Conditions If and to the extent the Apple App Store or the Google Play Store modify their respective terms and conditions for downloading or using mobile applications, Planet shall not be responsible or liable for any such modifications, including any that vary from this Agreement.
4. We may update, change, withdraw, suspend or restrict availability or access to any of the Services (or any part of them) from time to time to reflect changes to our products, our users' needs and our business priorities or technical reasons.
5. Service to view the content of the Site
a. In order to use the Services, with no need to Register, Users should read the content of these Terms of Use and the Privacy Policy before using the Service.
b. The agreement on provision of the Service to browse the content of the Site is concluded after reading the Terms of Use and Privacy Policy before using the Service and is concluded for the time of actual use of the Service.
c. The User may terminate use of the Service at any time. Legal consequences of termination of the use of the Service are determined by mandatory legal regulations, appropriate due to the legal nature of the Service provided, as well as the factual circumstances.
d. If the User leaves the Site, the Agreement on provision of electronic services is terminated with no need to submit additional declarations of will.
6. Contact Form Service
a. In order to use some of the Services, it may be required to register. Users should read the content of the Terms of Use and the Privacy Policy before using the Service.
b. The agreement on provision of the Contact Form Service is concluded after reading the Terms of Use and the Privacy Policy before using the Service at the time the User fills in and sends the Contact Form, providing the data that are necessary to commence to use the Services and it is concluded for the time of actual use of the Service.
c. The User bears full responsibility for all consequences resulting from improper filling in of the form by the User, in particular consisting in providing by the User incorrect, untrue, inaccurate, incomplete or misleading data.
d. When using the Service the User should only provide personal data necessary to enable a proper use of the Service. The User should not provide confidential data such as: payment card details, health related information or personal family situation.
7. Account access and management service
a. The condition that needs to be satisfied to benefit from the Account access and management service is to register, to undergo the Authorization procedure, and read the content of these Terms of Use and the Privacy Policy and their acceptance before using the Service.
b. Registration takes place through proper completion by the User of a dedicated Registration form, including entering personal data, marked by Planet as necessary to start using the Service, establishing the Login and Password, expressing necessary statements including consents, accepting the Regulations and the Privacy Policy by sending an application for opening a MyPlanet Account.
c. To register an Account, the User must have full legal capacity or be at least 18 years of age or have limited legal capacity, with the provision that he/she is acting with the consent of a parent or legal guardian to take actions to conclude a contract and submit declarations and consents in accordance with these Terms of Use and Privacy Policy.
d. The User is obliged to provide data marked as required. The data provided by the User should be current and true.
e. In order to ensure correct performance of the Agreement, the User is obliged, in particular, to immediately update data, including personal data, provided in connection with conclusion of the Agreement to the extent necessary for its proper implementation.
f. The User is obliged to use the Service in a manner consistent with provisions of applicable law, provisions of these Terms of Use, as well as with the customs and rules of social conduct adopted in the given area in a way that is not inconvenient for other Users.
The User gains access to the Account after completing the Registration.
g. Registration is necessary to access the Account's functionality.
h. If the Registration process is completed, but the Authorization process is not, the content of the Account may be blocked.
i. By Authorization it is meant that the User confirms that they are an owner of the email address provided during the Registration process. The User does that by entering their email inbox and following the instructions included in the email.
j. Automatic login of the User and access to the Account shall constitute confirmation of the proper process of Registration. If the User is not authorized, access to the account is granted but its content may be blocked. If the User is authorized, the User obtains full access to the contents of the Account by entering the Login and Password each time on the Site in the Login form.
k. Within the Account, the User may use the functionalities of the Account access dedicated to the Service, in the scope currently operated and made available for use by the User by Planet.
l. To close the Account, the user should send a request to https://www.planetcinema.co.il/static/iw/il/service
m. The request should be sent from an email address used to log in to the Account.
8. Purchase and/ or use of the Vouchers and gift cards and e-gift cards Services
The service of purchasing and using e-gift cards and using physical gift cards, vouchers and e-gift cards on the Site requires conclusion of the Planet Rules and acceptance of separate regulations available at https://www.planetcinema.co.il/static/iw/il/Planet-privacy-policy, as well as acceptance of the Privacy Policy.
IV. WEBSITE AND MOBILE APPS TERMS OF USE
2. We may make changes to our Site.
a. We may update and change our Site from time to time to reflect changes to our products, our users' needs and our business priorities or technical reasons.
3. We may suspend or withdraw our Site.
a. Our Site is made available free of charge (except for paid products).
b. We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted.
c. We may suspend or withdraw or restrict the availability of all or any part of our Site and or services for business, technical and operational reasons.
d. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.
4. Territorial range
a. Our Site is directed to people residing in Israel. We do not represent that content available on or through our Site is appropriate for use or available in other locations.
5. We are not responsible for websites we link to.
a. Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up to date.
b. Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
c. We have no control over the contents of those sites or resources.
6. Rules about linking to our Site
a. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
b. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
c. You must not establish a link to our Site in any website that is not owned by you.
d. Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page.
e. If you wish to link to or make any use of content on our Site other than that set out above, please contact [email protected]
f. We are not responsible for viruses and you must not introduce them
g. You are responsible for configuring your information technology, computer programmes and platform to access our Site. You should use your own virus protection software.
h. You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
7. Technical requirements necessary for proper use of the Site:
a. software: having any browser installed and running that supports the JavaScript application;
b. program enabling previewing and printing of files saved in JPG or PDF format;
c. internet browser version 6 and above or Firefox version 2.0 or higher;
d. minimum resolution (800 x 600) or higher.
e. The following technologies may be used on the Site: Java, JavaScript, Macromedia Flash, XML, PHP, DHTML, cookies, HTML, CSS.3.
f. Services are usually provided 24 hours a day, 7 days a week; Planet reserves the right to disrupt the functioning of the Site if they are caused by repair, maintenance or modification of hardware or software and causes independent of Planet.
g. All data are encrypted using Secure Sockets Layer (SSL).
h. Closing the User's browser may result in deleting of data sent to the Site. All settings affecting storing or deleting of the session are in the User's browser.
i. Disabling cookies does not usually block the use of the Services, but may in some cases cause difficulties in connection to the Site.
V. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
1. The Site contains content protected by copyright, industrial property rights and intangible assets protected by intellectual property rights. All content presented on the Site, in particular graphics, trademarks, logos, icons, photos, videos and other content may not be reproduced or disseminated in any form and in any way.
2. No part of the publication (including: text, graphics, logos, icons, images, photos, audio files, video files with data, presentations, programs and any other data) presented on the Site should be reproduced or distributed without prior permission of Planet.
VI. SAFETY OF USING THE SERVICE
1. The User bears responsibility for the fact that the data provided by him is consistent with the facts.
2. The User undertakes the duty not to take illegal, offensive or potentially interfering or damaging actions on the Site.
3. It is prohibited for the User to provide any unlawful content via the Site.
4. The User is obliged to protect the information enabling his identification in electronic access channels, in particular, in relation to an Account, by not sharing the Login, Password.
5. The password for the Account should be changed periodically by the User. For a security reasons, it is recommended to create a strong Password, avoiding passwords being words from the dictionary, easy, predictable.
6. Planet shall not be liable for the consequences of the User providing information enabling his identification on the Site by unauthorized persons.
7. The User undertakes not to disclose his Account to persons other than the User and bears liability for factual and legal actions made as part of the Site's functionality through the User's Account in connection with the unauthorized access to the Login and Password.
8. If it is suspected that the Login or Password has been taken over by unauthorized persons, the User is obliged to immediately change the Password or contact Planet by sending a message via the Contact Form.
VII. PERSONAL DATA PROCESSING
1. The Controller Data of individuals (or Users) using the services / products offered is Planet.
2. Personal Data are processed for the purposes described in the Privacy Policy.
IX. RIGHT TO WITHDRAW AND TERMINATION OF THE AGREEMENT
1. For some of the services provided by Planet, the cancellation procedure is defined in separate terms and conditions regarding these services.
2. Without prejudice to the right specified above, the User has the right to terminate the Agreement on provision of the Service with immediate effect at any time by sending relevant information via the Contact Form, unless the right for contract termination has been specified otherwise in separate terms and conditions regarding this particular service.
3. Planet may terminate the Agreement on provision of the Account Access Service with a 14-day notice period at any time and for any reason and with immediate effect if the User violates these Terms of Use and in the event of discontinuation of electronic services by Planet. Planet shall inform about termination of the Agreement by sending a statement to the User's address provided in the Account Registration process or the e-mail address most recently associated with the User’s Account.
X. COMPLAINTS PROCEDURE
1. The User has the right to make a complaint regarding the Services provided on the Site.
2. Complaints should be filed as soon as possible after occurrence of the event being the basis of the complaint.
3. Complaints should contain at least: name, surname, contact details (postal address or e-mail address) and a description of circumstances justifying submission of the complaint by the User.
4. Complaints should be submitted by the Contact Form.
5. Complaints will be considered by Planet and reply will be sent within 14 days after receipt of the complaint. The reply will be sent to the contact details indicated by the User while filing the complaint.
6. Planet may request additional information as long as it proves necessary to establish the facts and consider the complaint.
X. GOOGLE AND APPLE
The Agreement for use of the Site is solely between the User and Planet. Google LLC (“Google”) and Apple Inc. (“Apple”) are not parties to such Agreement. By using any products, services, content or software provided by Google or Apple (including without limitation the Google Play Store and the Apple App Store), the User agrees to be bound by all applicable terms of use and privacy policies of Google or Apple. Google and Apple are not responsible for any third-party claim that any Planet Mobile Application, or the User’s possession or use of any Mobile Application, infringes a third party’s intellectual property rights. The User acknowledges and agrees that Google and Apple, and their respective subsidiaries, are third-party beneficiaries of the Agreement for use of the Site but only to the extent it relates to Mobile Application used on a Google or Apple product (as applicable), and Google and Apple have the right to enforce such Agreement against the User as express and intended third-party beneficiaries of the Agreement.
XI. FINAL PROVISIONS
1. These Terms of Use may be amended by Planet with the reservation that the updated terms will be made available on the Site. Amendments to the Terms of Use do not affect the rights of the User already acquired on the basis of the previous version of the Terms of Use. Use of the Site or Services by the User after introduction of changes to the Terms of Use shall be understood as their acceptance.
2. A User who does not accept the new content of the Terms of Use has the right to terminate the Agreement under the terms specified in § 8 para. 2 hereof.
3. Competent courts in Tel-Aviv-Jaffa, Israel shall resolve any disputes arising herefrom, unless otherwise provided by mandatory provisions of law and no other courts shall have any jurisdiction over the said matters.
