Terms of Service
Welcome to Manufuture (the “Platform”). Please read the following terms carefully before using this Platform so that you are aware of your legal rights and obligations with respect to the Plaftorm. By accessing or using the Platform, you expressly agree that you are entering into a legal agreement with us and have understood and agree to comply with, and be legally bound by, these terms of service (the “Terms“).
- Background. The Platform connects engineers, procurement personnel and organizations looking to produce parts (“Buyers”) with manufacturers utilizing the Platform to offer and provide their services to Buyers (the “Manufacturers”) (Buyer and Manufacturer, each a “User”, or “You”, as applicable).
- Modification. We reserve the right, at our discretion, to change these Terms at any time. Such change will be effective ten (10) days following posting of the revised Terms on the Platform or by any other manner chosen by us.
- Ability to Accept Terms. The Platform is only intended for individuals aged eighteen (18) years or older.
- Platform Access. For such time as these Terms are in effect, we hereby grant you permission to acces and use the Platform provided that you use the Platform only for lawful purposes and comply with these Terms and all applicable laws. All rights not expressly granted hereunder are reserved by Manufuture and/or its licensors. Manufuture may, but is not obligated to, monitor your use of the Platform. You shall not: (i) copy, distribute or modify any part of the Platform or its content without our prior written authorization; (ii) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose any content of the Platform, except as expressly authorized herein; (iii) violate, infringe or misappropriate third party rights; or (iv) misrepresent your experience, skills, or information.
- Account. In order to use some of the services of the Platform, you may have to create an account (“Account“) and/or complete a User profile (“Profile”), which, may be shown to other Users. You agree to provide only true, accurate, and complete information. You are solely responsible for the activity that occurs in your Account, and you must keep your Account passwords secure.
- Use of the Platform.
- Buyers may create and submit a request for a quote for a specific production job (“Request”) in which case Buyers may upload all relevant technical information, drawings, designs and any other details which Buyers deem necessary for Manufacturers to understand the scope of the Buyer’s manufacturing needs (“Buyer Content”). Buyers are solely responsible for Buyer Content, its accuracy and legality. By submitting a Request, Buyers authorize (a) Manufuture to reproduce, distribute and display the Request and the Buyer Content on the Platform and (b) Manufacturers to receive, view and use the Request and the Buyer Content.
- Manufacturers may bid and submit their quotes and proposals in accordance with the requirements of the Request (“Quote”). Manufacturers are solely responsible for the Quote, its accuracy and legality. By submitting a Quote, Manufacturers authorize (a) Manufuture to reproduce, distribute and display the Quote on the Platform and (b) Buyers to receive, view and consider the Quote.
- If Buyer selects a particular Quote (“Winning Quote”), an order will be sent to Manufuture which will issue an order to the relevant manufacturers (“Order”). All other commercial terms regarding the manufacturing job will be detailed in the Order. Manufacturers shall be responsible for the performance and quality of their services in accordance with the Order and these Terms. Buyers and Manufacturers agree to act with good faith in their use of the Platform and the performance of the Order and these Terms.
- Buyers and Manufacturers acknowledge and agree that their relationship is that of independent contractors. Nothing shall be deemed to create a partnership, joint venture, agency, or employer-employee relationship between Manufacturers and Buyers or between Manufuture and any Buyer or Manufacturer.
- Payments to Manufuture. Buyers shall pay to Manufuture, and Manufuture shall be entitled to receive from Manufacturers, the applicable commission or fee, as published on the Platform.
- Intellectual Property Rights. Manufuture (and/or its licensors, as applicable) is, and shall be, the sole and exclusive owner of all right, title and interest (including, without limitation, all intellectual property rights) in and to the Platform, its content (excluding Buyer Content and Quotes), the Platform’s data, including, without limitation, the text, software, design, graphics, photos, sounds, videos, interactive features, and services, and any feedback, suggestions, or ideas related thereto.
- Third Party Content. The Platform may enable you to communicate with third parties or view third party content. To the maximum extent permitted by law, Manufuture shall have no responsibility or liability of any kind whatsoever for such third party content or for the policies, practices, actions, or omissions of third parties.
- Warranty Disclaimers. This section applies to the maximum extent permitted by law. THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. MANUFUTURE DOES NOT GUARANTEE THAT THE PLATFORM WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE PLATFORM MAY OCCASIONALLY BE UNAVAILABLE, FOR EXAMPLE, FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT MANUFUTURE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS. MANUFUTURE MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE TRUTHFULNESS, ACCURACY, LEGALITY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY INFORMATION OR CONTENT POSTED OR SUBMITTED BY USERS, OR OF ANY OTHER FORM OF COMMUNICATION ENGAGED IN BY USERS. SUCH INFORMATION OR CONTENT MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. YOU AGREE THAT ANY RELIANCE ON INFORMATION OR CONTENT POSTED BY USERS, OR ON ANY OTHER FORM OF COMMUNICATION WITH USERS, WILL BE AT YOUR OWN RISK. MANUFUTURE MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE EFFECTIVENESS OF THE SERVICES OR TIMELINESS OF THE SERVICES IN MEETING YOUR EMPLOYMENT OBJECTIVES. MANUFUTURE DOES NOT GUARANTEE THAT MANUFACTURERS WILL SUCCESSFULLY FIND WORK OPPORTUNITY OR THAT BUYERS WILL SUCCESSFULLY FIND MANUFACTURERS.
- Limitation of Liability. Indemnity. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, MANUFUTURE (INCLUDING ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS OR REPUTATION, ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE PLATFORM, EVEN IF MANUFUTURE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. NOTWITHSTANDING ANYTHING TO THE CONTRARY, MANUFACTURERS AND BUYERS SHALL DEFEND, HOLD HARMLESS AND INDEMNIFY MANUFUTURE (INCLUDING WITHOUT LIMITATION MANUFUTURE’S DIRECTORS, OFFICERS, STAFF, PERSONNEL OR AGENTS) FOR MANUFACTURERS’ OR BUYERS’ BREACH OF THESE TERMS, THEIR VIOLATION OF APPLICABLE LAWS AND/OR THEIR INFRINGEMENT, BREACH OR MISAPPROPRIATION OF THIRD PARTY RIGHTS.
- Term and Termination. These Terms are effective until terminated by Manufuture or you. To the maximum extent permitted by law, Manufuture, in its sole discretion, has the right to terminate these Terms and/or your access to the Site, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms) and Manufuture shall not be liable to you or any third party for termination of these Terms or the Platform, or any part thereof. If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Platform in any way, your only recourse is to immediately discontinue use of the Platform. Upon termination of these Terms, you shall cease all use of the Platform. This Section 12 and Sections 8 (Intellectual Property Rights), 9 (Third Party Content), 10 (Warranty Disclaimers), 11 (Limitation of Liability), and 14 (General) shall survive termination of these Terms.
- Assignment. These Terms, and any rights granted hereunder, may not be transferred or assigned by Buyers or Manufacturers, but may be assigned by Manufuture without restriction or notification.
- General. These Terms shall be governed by and construed in accordance with the laws of the State of Israel, without regard to its principles of conflict of laws. You agree to submit to the personal and exclusive jurisdiction of the courts located in Tel Aviv-Jaffa and waive any jurisdictional, venue, or inconvenient forum objections to such courts, provided that Manufuture may seek injunctive relief in any court of competent jurisdiction. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. You agree that any cause of action that you may have arising out of or related to the Platform must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
- Cancellation rights according to the Israel Consumer Protection Law (1981)
Last updated: February, 2021