Terms of Use

General

This website scubacloud.net (hereinafter: “the Website”) developed and operated by Mirtzki Maor Financial Management Ltd. (hereinafter: “the Company”) serves as a professional SaaS platform for complete management of the diving world – including registration for courses and immediate digital certifications, online learning, exams, diving insurance management, booking medical examinations, equipment rental, lodging solutions, management of diving clubs and training centers, a global instructor marketplace, and more. It is clarified that the provisions of this regulation shall apply to any use you make of the Website, the application, DiveDesk, or any other Scubacloud interface, and to any purchase, registration, or action performed through the Website, the application, telephone, email, fax, or directly at the Company's club, and shall constitute the legal basis for any discussion between you and the Company. Therefore, you are requested to read this regulation in full and carefully. Browsing the Website, entering the application, using DiveDesk, and/or purchasing courses, services, or products offered therein constitutes your unqualified consent to accept and act in accordance with the regulation. Therefore, if you do not agree to its terms, you are requested not to make any use of Scubacloud's services. The contents uploaded and publicly published on the Website or application may be displayed in any other media, including additional websites and services of the Company or third parties, or for any other legal purpose that exists or will exist in the future, and the provisions of this regulation shall also apply to the display of such contents and/or their use. Wherever male language is used in this regulation, the intention is also to females implicitly. The chapter headings are provided for convenience and user orientation and shall not be used in interpreting the regulation.

1. Definitions
1.1 “Browsing the Website” – use of any kind and by any existing or future means, including via computer and/or mobile phone and/or other devices. The mere use of the Website and its contents is subject to the terms detailed in the Website's regulation, and the mere entry indicates that the user has carefully read the regulation, understood its direct and indirect implications, and expressed consent and approval to what is stated in this regulation.

2.1 “User” or “Performer of the Action” – any person and/or corporation and/or any entity, whether a private individual or a business, company, and/or any other definition, who uses or performs actions on the Website.

3.1 “Personal Information/Personal Details” – means any identifying information of the user, including first name and last name, fixed and mobile phone number, residential address, email address, date of birth, diving license number, and any other identifying information found on the Website and relevant for ordering services for the user.

#### 2. Usage Restrictions on the Website
2.1 Any user may order and make purchases on the Website, subject to fulfilling the cumulative conditions listed below:

2.1.1 The user is competent to perform binding legal actions.

2.1.2 The user is an adult over the age of 18 and has an email address.

2.1.3 The user holds a valid credit card issued lawfully by one of the credit card companies operating in Israel.

2.2 It is clarified that no commercial use that is not personal shall be made of the Website, including prohibiting the user from publishing the Website's address in any commercial publication without explicit written permission from the Company. If you wish to make any other use of the Website, including uploading marketing materials and the like, you must contact the Company in writing at the email address listed below.

2.3 The Company is entitled to prevent browsing the Website by any user using any means at its disposal, in some or all of the services, for a fixed or indefinite period, at its sole discretion and for any reason, without obligation to explain or justify this decision. A user whose participation has been prevented as aforesaid shall not be entitled to return and participate under another username during the prevention period.

#### 3. Intellectual Property Rights
3.1 The Website shall be entitled to display or send updates to users, including content updates and information on additional services and courses from the Company, as well as services and courses from others, including promotions and innovations on the Website, as defined in Section 30A of the Communications Law (Bezeq and Services), 5742-1982. If at any stage you prefer to remove yourself from the mailing list in order not to receive emails in the future, please remove the email from the mailing list as indicated at the bottom of every email.

3.2 The Company and/or its owners shall be the exclusive owners of all information collected on the Website, including the scope of its use, the identity of its users, the manner of its use, and/or any other information related to browsing the Website and the database that will accumulate in relation thereto.

3.3 It is clarified that the personal information you provide during registration and/or use of the Website and/or the Company's services will be stored in the Company's registered database in accordance with the Privacy Protection Law, 5741-1981. You are aware that the Company shall be entitled to manage the database as aforesaid in accordance with the provisions of the law and to use it, among other things, for advertising and marketing purposes as aforesaid (via mail and/or email and/or text messages to the mobile phone).

3.4 All intellectual property rights, including copyrights on all contents appearing on the Website, all information and/or displays appearing on the Website, including marketing text, specifications, verbal presentation of a product and/or service, graphics, design, icons, trademarks, logos, as well as their editing and presentation, are the exclusive property of the Company and/or on its behalf.

3.5 It is prohibited to copy, reproduce, distribute, publish, or use in any other way the contents appearing on the Website unless the Company has given its consent thereto in writing and in advance.

#### 4. Application to the Website and Its Services
4.1 All prices appearing on the Website (including in the registration system) are quoted in new shekels. It is clarified that the prices are exempt from VAT (in accordance with the Eilat Free Trade Zone Law (Tax Exemptions and Discounts), 5745-1985).

4.2 The Company is entitled to update the prices of courses and services from time to time without any prior notice. The valid price in relation to an order placed on the Website is the price published at the time of completing the ordering process through the registration system (it is clarified that the Company's computer records regarding actions performed through the Website shall constitute prima facie evidence of the correctness of the actions).

4.3 The Company strives to adhere to and update the course prices appearing on the Website in real time. However, due to the nature of the Website and the various courses appearing on it, it is clarified to the user that the prices may be updated "online" and therefore a temporary gap may arise between the price at the time of registration (appearing in the shopping cart) and the price appearing at the time of completing the ordering process. For the avoidance of doubt, it is clarified that the Company shall not bear any responsibility arising from and/or related to such price gaps.

4.4 The Company reserves the right to offer promotions, benefits, and discounts on the Website at its sole discretion. In addition, the Company may discontinue such promotions, benefits, and discounts at any time, replace them, and/or change them without any prior notice. It is clarified that if you have a "discount coupon" or other voucher entitling you to a discount (for example, "membership card"), you must enter your ID number into the Website's registration system when placing the order. To ensure the order is processed quickly and without issues, you must provide accurate details; otherwise, the Company cannot guarantee the execution of the order.

4.5 Immediately after performing the action, an order will be received and recorded in the Company's computer system. Thereafter, the credit card details will be checked, and upon approval of the order by the credit card company, an appropriate notification will be sent via email. It is clarified that registration on the Website constitutes approval by the performer of the action to be included in the Company's direct mailing list for all purposes as stated in this regulation.

4.6 The performer of the action shall be entitled to contact the Company with a request to change billing details, including the number of payments. The Company shall make the change accordingly and subject to the policy in effect at that time with the credit card companies. If the credit card company charges the Company a fee for performing the action, the performer of the action shall be charged said fee. For the removal of doubts, it is emphasized that providing false credit details is a criminal offense, and anyone doing so is subject to criminal and civil legal proceedings.

4.7 In the event that the transaction is not approved by the credit card company, the performer of the action will receive an appropriate notification via email. To complete the purchase, the performer of the action will be required to contact the Company's sales representative by phone to arrange approval from the credit card companies to perform the transaction.

4.8 It is clarified and emphasized that an action shall be considered complete only after arranging approval from the credit card company to perform the transaction by the performer of the action. If a refusal is received from the credit card company and the performer of the action does not arrange the approval within 7 days from the date of receiving the notification, the Company shall be entitled to cancel the order without notifying the user.

4.9 The Website has a mechanism for viewing order history. At any time, the user may enter the Website by registering the username and password and view the orders they have made.

5. Security Procedures; Liability
5.1 The Company allows you to purchase various courses and services through the Website in a convenient, fast, easy way and at attractive prices. This Website is secured to the strictest standard for credit cards on the internet – PCI standard. In addition, this Website may use cookies and internal statistics interfaces to maintain anonymous statistical records of users and analyze user traffic, browsing habits on the Website, and analyze clicks and dwell time.

5.2 In light of the above, we strive to provide you with the information displayed on the Website without interruptions, but due to technical considerations, third-party malfunctions, or others, there may be interruptions in the Website's availability and/or mismatches with the displayed prices. Therefore, we cannot guarantee that the Website will be available to you at all times, and no monetary or other compensation will be given due to cessation of the Website's activity and/or any errors in connection with the details displayed therein.

5.3 The user declares that the Website bears no responsibility, and they waive any claim, argument, and demand against the Website and/or anyone acting on its behalf. The user exempts and releases the Website and/or anyone on its behalf absolutely and irrevocably from liability for any type of damage, inconvenience, loss of any kind, mental anguish, loss, expenses, tort compensation of any kind, and the like, caused directly or indirectly to the property and content of any user or any third party due to use of the contents and services of the Website.

5.4 The user undertakes that if they violate rights under any law or any provision of this regulation, the Website removes responsibility from itself, and the user shall bear sole and full responsibility for the claim. Furthermore, the user shall indemnify the Company for any claim filed against it, including expenses and attorney's fees or any other expense incurred by the Company, as well as for any damage to the Website's good name and reputation and/or its operator.

5.5 For the removal of doubts, it is clarified that the Company shall not be responsible for contents published in links existing on the Website and leading to other websites accessible through such links.

5.6 It is clarified that the Company shall not be responsible for any delay and/or postponement and/or non-delivery caused as a result of force majeure and/or events not under its control, including strikes, lockouts, epidemics, war, and any other "force majeure" as such. In any case, the Company's liability in connection with delays, postponements, or failures in supplying courses or services purchased on the Website shall be limited to direct damages only (to the extent caused to the user) due to an act or omission of the Company or anyone on its behalf, and in a scope not exceeding the price of the product or service purchased. The Company and/or anyone on its behalf shall not be responsible and shall not bear any indirect, consequential, or special damage caused to the user due to any delay, postponement, or failure in supplying a product or service – whatever the cause of the claim may be – including loss of income and/or prevention of profit caused for any reason.

6. Cancellation of Transaction
6.1 All transaction cancellations performed on the Website are subject to the provisions of the Consumer Protection Law, 5741-1981 (hereinafter: “Consumer Protection Law”) and the regulations promulgated thereunder.

6.2 For the user's convenience only, below are the conditions and manner in which the performer of the action on the Website may cancel the purchase transaction they performed:

6.2.1 For service purchase – within 14 days from the date of the transaction, provided that such cancellation is made at least two days that are not rest days prior to the date on which the service is to be provided.

6.2.2 For the purchase of certain items, the performer of the action cannot cancel the transaction, all as stated in Section 14C(d) of the Consumer Protection Law.

6.2.3 Cancellation of a transaction shall be done in writing via email directly to the Company from which the product and/or service was purchased, with the performer of the action bearing the obligation to verify receipt of the cancellation notice.

6.3 If the performer of the action cancels a transaction due to a defect in the product subject to the contract or transaction, or due to a mismatch between the product or service and the details provided to them by the Company, the Company shall return to the performer of the action within 14 days from the date of receiving the cancellation notice the portion of the transaction price paid by the performer of the action, and shall not charge any payment from the performer of the action (except for cancellation fees) as stipulated under the Consumer Protection Law at a rate of up to 5% of the product price or 100 new shekels, whichever is lower. If you choose to cancel the transaction not due to a defect in the service subject to the contract or transaction, or due to a mismatch between the product or service and the details provided to you regarding them, and in addition, if a transaction is canceled with a credit card, to deduct the credit card company's fee at a rate of 3% of the transaction amount.

6.4 Cancellation of a transaction shall be done in writing via email or through the contact form on the Website, with the performer of the action bearing the obligation to verify receipt of the cancellation notice. Cancellation shall not be recognized based on a phone conversation and/or promise from any representative, but only upon confirmation of receipt of the email.

7. Complaints Regarding Content
7.1 For any issue related to content and use of the Website, contact the Company on the "Contact Us" page to submit a complaint regarding the contents. In the inquiry, indicate a link to the exact location where the said content appears, as well as accurate contact details.

7.2 For additional details regarding the Website and its activity, you can contact the Company's customer service via email, phone, or fax. Sales representatives will be happy to assist you with any question regarding the purchase process and any other matter to make the purchase experience pleasant and simple and fast.

8. Customers Club
8.1 Any user who registers on the Website gives their full consent to join the operator's user database and thereby its customers club, both on the website and in the Company's other stores, subject to the privacy policy.

8.2 It is hereby clarified that membership in the customers club is personal and non-transferable. The Company is entitled to change the membership terms and customer circle at any time (including cancellation of membership in the club for any reason) and/or to discontinue granting discounts or promotions at any given time. The Company reserves the right to change or charge membership fees and/or change their amounts or cancel them, as well as charge renewal fees, change them, and/or cancel them – all at any time and at its sole discretion.

8.3 It is further clarified that when the user joins the Website's services, their joining and filling in contact details constitute consent to the regulation and the privacy policy attached to this Website, including consent to receive messages and marketing material that the Company distributes and/or will distribute in the future regarding promotions, discounts, and exclusive benefits granted and/or will be granted in the future to club members, via SMS and/or email and/or other means of communication, all subject to the privacy policy.

#### 9. Applicable Law and Jurisdiction
9.1 This regulation and everything arising from or related to it shall be governed exclusively by the laws of the State of Israel and shall be interpreted accordingly. The exclusive place of jurisdiction for any matter relating to this regulation or use of the Website is in the competent courts in Tel Aviv only.

9.2 The usage regulation may be changed at any time by the Company at its sole discretion. The version of the regulation as published on the Website is the binding version at all times.

10. Contact Us
The Company's team is at your service for any matter and inquiry, and we will be happy to provide you with service on Sunday-Friday between 07:30 – 17:00 at phone number: 054-2444505 or via email: service@scubacloud.net

Privacy Policy
In the framework of using this website deepsiam.co.il (hereinafter: “the Website”), developed and operated by Mirtzki Maor Financial Management Ltd. (hereinafter: “the Company”), the Company may collect personal information about you through the means detailed below. It is clarified that you are under no obligation to provide such personal information, and its provision is done of your own free will. It is clarified that by using the Website, you express your consent to the collection, storage, and use of personal information as described in this policy. The provisions in this privacy policy are worded for convenience in male language, but refer equally to both genders. Use of the Website constitutes your consent to the privacy policy detailed below, with the Company entitled to change this policy from time to time by updating this page.

General
The Company respects the privacy of users entering the Website and/or using the various services offered therein. The purpose of the terms detailed in this privacy policy, which constitute an integral part of the terms of use, is to review, among other things, the manner in which the Company uses information provided to it by users on the Website and/or collected by it when making purchases or orders on the Website, as well as the manner in which the user uses the content on the Website and/or to which the user is exposed through it. Some of the services on the Website require registration (such as diving courses, insurance, etc.). As part of the registration, you will be required to provide personal information, such as your name, address, date of birth, credit card number, diving license, ways to contact you, or your email address, etc. Some fields that must be filled will be explicitly marked. It is clarified that without providing the data requested in the mandatory fields, you will not be able to register for services requiring registration (hereinafter: “the Registration”). It is further clarified that as an integral part of the Website registration process and as a condition for completing the registration process, the Company shall be entitled to verify the user's identity in accordance with the information provided to it by them.

The user declares and undertakes hereby that all information they provide and/or update on the Website is true, reliable, and accurate, and that they performed the registration and/or provided the information in their name and for themselves only and not in the name and/or for third parties, except in cases where they are explicitly authorized to do so. The information provided by the user, as well as additional information accumulated about them, will be stored with the Company and used in accordance with the purposes detailed below and/or in accordance with any legal provisions.

Collection and Use of Information
By using the Website, you grant the Company permission to collect and use the information provided by you at the time of registration and/or information accumulated about you, including during use of the Website, in order to improve, enrich, or change the Website, the services and contents offered on the Website, as well as to store it in the Company's database for the purpose of updating you regarding promotions and/or services offered by the Company, on its behalf, and/or by third parties.

In addition, the Company receives and automatically saves information from your computer and browser, including your IP address, software and hardware characteristics, and details of the page you requested to view. This is because any information we collect from you may be used to:

* Personalize your experience and respond to your individual needs.

* Provide personalized marketing content.

* Improve our Website.

* Contact you via email.

* Manage surveys or strengthen the community in the framework of the "customers club".

For this purpose, the Website uses cookies (“Cookies”, hereinafter: “cookies”) for its ongoing and proper operation, including to collect statistical data about use of the Website, verify details, characterize suitable products, and for information security purposes. It is clarified that cookies are text files that the user's browser creates according to a command from the Company's computers.

Some cookies will expire when you close the browser, and others are stored on your computer's hard drive. The cookies contain various information such as the pages you visited, the time you spent on the Website, where you came from to the Website, sections, and information the user requests to see upon entering the Website, etc. The information in the cookies is encrypted, and the Company takes reasonable and accepted precautionary measures to ensure that only the Company's computers can read and understand the information stored in them.

It is further clarified that if your internet browser is set to refuse cookies from our Website, you will not be able to complete a purchase or utilize certain features of the Website, such as storing items in your shopping cart or receiving personalized recommendations. As a result, we recommend that you configure your internet browser to accept cookies from our Website.

If you do not want to receive cookies, you can avoid this by changing your browser settings. To do so, please consult your browser's help file. Remember that disabling cookies may cause you to be unable to use some of the services and features on the Website.

Disclosure of Information to Third Parties
The Company shall take reasonable and accepted measures to maintain and prevent the transfer of personal details identifying the user by name and/or identity details to third parties, except in the following cases:

(a) Upon the user's request and/or with their explicit consent;

(b) For the purpose of transferring them to suppliers to complete the purchase action performed by the user on the Website (e.g., credit card companies);

(d) Due to a judicial order instructing the Company to provide the information to third parties;

(e) Due to any dispute, claim, lawsuit, demand, and/or legal proceedings conducted between the user and/or on their behalf and the Company and/or on its behalf;

(f) In any case where the Company believes that providing the information is necessary to prevent serious damage to the Company's property, the user's, and/or third parties', or to prevent other serious damage at its sole discretion.

Use of the Website constitutes, beyond any consent given and/or to be given by the user in another way, consent to receive newsletters and/or advertising material and/or any other material from the Website and/or partners and/or other third parties, subject to the user's right to notify at any time of their desire to stop receiving said material by notifying the Website via "Contact Us". The Company is entitled to transfer your personal details to any third party involved in preparing the material detailed above. In addition, it is clarified that the Website management may allow other companies to advertise their products/services on the Website. These ads come from those companies' computers. To manage their ads, these companies may also place Cookies on your computer. The Cookies enable them to collect information about the websites where you viewed the ads they placed and which ads you clicked. The use these companies make of Cookies is subject to their privacy policies and not to this privacy policy. The Website management is not responsible for these companies' privacy policies or for the content appearing in their ads or on the websites or contents to which the ads link.

Information Security
Information security for online information provision, and in accordance with what is required by any law. The aforesaid protection measures are intended to secure encrypted information flow between the user's computer at the time of purchase and the Website's and Company's servers. It is clarified to the user that the Company does everything in its power and uses advanced technological and organizational security measures to secure the Website, communication through it, and the information under its control against accidental or intentional exploitation, loss, destruction, or access by unauthorized or unpermitted persons. However, the Company clarifies that in cases not under its control and/or arising from force majeure, it does not guarantee that the Website will operate properly without any interruption, and/or that the Website and/or the data collected and/or provided as aforesaid will be absolutely immune from unauthorized access and/or intrusion into the Company's information databases, and the user is aware that the Company shall not bear responsibility for any damage and/or loss, direct or indirect, of any kind, caused as a result thereof, including due to privacy infringement. For any question and/or clarification and/or response regarding this privacy policy, or if you wish to delete, change, or correct your personal information, the Company's team is at your service on Sunday-Friday between 07:30 and 17:30 at phone number: 054-2444505 or via email: support@scubacloud.net