Recently updated March 2021 These Terms of Use (the “Terms”) govern your relationship with NAYAX Ltd. and its subsidiaries and affiliates (collectively “NAYAX” or “we”) and set forth the terms and conditions under which NAYAX makes available its website (the “Site”), to each person accessing or using the Site (the “User” or “you”), all as specified herein. Nayax’ Privacy Policy, available here, is an integral part of these Terms, and shall apply to any use of the Site. To learn more about how we collect and use personal data in relation to the Site, please visit our Privacy Policy. Please read these Terms carefully and visit this page regularly for updates and changes. If you do not agree to be bound by these Terms, you should discontinue any use of the Site. Please note that if you are a customer of Nayax, accessing any of Nayax’ services through the Site (for example a customers’ dashboard or personal account), such use may be also governed by additional terms and conditions, as specified therein or in accordance with other policies or agreements applicable to Nayax’ services and products.

1. General
   • The Site provides visitors with general information related to NAYAX’ services and products. The Site also includes a contact form which you can use to contact us, a careers page where you can see any job openings at Nayax and submit an application, your resume and additional documentation. You can also use the Site to open a support ticket, or inquire regarding a charge and request a refund.
   • Through the Site, NAYAX’ customers may also be able to access and use certain services, by entering into a designated account or dashboard, providing various management tools.
   • NAYAX reserves the right at any time and from time to time, without being obligated to provide prior notice, to modify, suspend, or discontinue, temporarily or permanently, the Site or any part thereof, or User’s access thereto, at its sole discretion. You will have no claim, complaint or demand against NAYAX for applying such changes or for failures incidental to such changes.
   • Please note that third party content and links to third party sites or services may appear on the Site from time to time. NAYAX does not endorse such content, nor do such content represent any recommendation provided by NAYAX.
   • By submitting information through the Site you warrant that any information provided by you is complete, truthful and accurate in all respects.
2. Restricted Uses

In connection with your use of the Site, and without limiting any other obligations under these Terms or applicable law, you shall not, and shall not permit others to:

• Modify the Site or any content available therein, or decompile, reverse-engineer, disassemble, or otherwise attempt, directly or indirectly, to disrupt the Site, servers or networks connected to the Site, deny service to, hack, crack, reverse engineer, or otherwise interfere with the Site in any manner, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
• Sell, distribute, copy, duplicate, or otherwise reproduce all or any part of the Site or any content available therein;
• Attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the Site, any content available therein, its technology or any software related thereto;
• Create a database by systematically downloading and storing all or any content from the Site;
• Use the Site for any illegal, immoral or unauthorized purpose, encourage criminal behavior or conduct that would constitute a criminal offense under any law, or could give rise to civil liability or other lawsuit;
• Use the Site in a manner which infringes another person’s rights in any way, including privacy rights, or in any manner which is harassing, or otherwise offensive;
• Allow any access to or use of the Site or any part thereof to non-authorized users;
• Engage in any deceptive, misleading, illegal or unethical practices that may be detrimental to NAYAX;
• Use the Site in a way that infringes or violates these Terms.
• You undertake and agree that you will not upload, post, email, distribute, share, communicate, transmit or otherwise make available through the Site any content:
  • That is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, libelous, vulgar, obscene, offensive, indecent, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
  • That infringes any patent, trademark, trade secret, copyright, or other intellectual property right of any third party;
  • That infringes the rights of any other person or third party, including rights to reputation and good name, privacy rights, or others;
  • That you do not have the right to make available by reason of any law or contractual or fiduciary relationship;
  • That comprises or includes any “junk mail”, “spam”, advertisements, or disrupt discussions with repetitive messages;
  • That contains any confidential or sensitive information about you or any other User or third party, such as medical information, information about sexual life or orientation, political affiliation, etc.

3. Warranty Disclaimers
   • Despite our efforts, the information contained in the Site, may not be accurate, comprehensive, complete, updated or applicable in all respects at all times. NAYAX shall not be liable for any inaccuracies or omissions in the Site and/or services available therein and any decisions you make based on information contained in this Site are your sole responsibility, and made at your sole risk.
   • User acknowledges and understands that use of and access to the Site require internet connection which may have different associated charges (such as mobile data expenses) and necessitate consumption of mobile device battery. User shall have no claim or demand towards NAYAX with regard to the aforesaid.
   • USER ACKNOWLEDGES AND AGREES THAT THE SITE IS PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” AND IS USED ONLY AT USER’S SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW.
   • NAYAX disclaims all warranties, express or implied, of any kind, regarding the Site (including any content, information, software, and links), including any implied warranties as to fitness for a particular purpose, merchantability, title, non-infringement, results, accuracy, completeness, accessibility, compatibility, suitability, reliability, availability, timeliness, quality, or lack of viruses. If applicable law does not allow the exclusion of some or all of the above implied warranties to apply to you, the above exclusions will apply to User to the fullest extent permitted by applicable law.
4. Limitations Of Liability And Remedies
   • The User assumes full, exclusive and sole responsibility for the use of and reliance on the Site, and acknowledges that any use of or reliance on the Site is made entirely at the User’s own risk.
   • NAYAX’ ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH NAYAX IS TO DISCONTINUE YOUR USE OF THE SITE. NAYAX AND ITS AFFILIATES, AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE (EVEN IF SUCH DAMAGE COULD HAVE BEEN REASONABLY FORESEEN) ARISING FROM YOUR USE OF THE SITE. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS OR OPPORTUNITIES, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF NAYAX HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. 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, NAYAX’S LIABILITY SHALL BE LIMITED TO THE MINIMUM EXTENT PERMITTED BY LAW. USER ACKNOWLEDGES AND AGREES THAT WITHOUT THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY, NAYAX WOULD NOT BE ABLE TO OFFER THE SITE.
   • You hereby undertake to indemnify NAYAX, its employees, officers, or anyone on its behalf, for any claim, demand, damage, loss, lost profit, payment or other expense, including legal fees, caused due to a breach of these Terms or applicable law.
5. Intellectual Property
   • Content and information provided on and through the Site, including, without limitation, any of our logos, trademarks, graphics, designs, information, texts, images, data and other material displayed, available or present through the Site, are the copyrighted and/or trademarked work of NAYAX and/or NAYAX’ affiliates and/or licensors. Use of the Site does not grant any rights and/or any license whatsoever to intellectual property of NAYAX and/or that of third parties.
   • The name NAYAX, including any logo or design thereof, is the copyrighted and/or trademarked work of NAYAX. You may not use NAYAX’ trademarks for any purpose without first obtaining NAYAX’ written consent.
   • NAYAX is, and shall remain at all times, the sole and exclusive owner of any and all rights, interests and title in the Site, its code, and any underlying intellectual property rights and know-how associated therewith or with any part thereto, including intellectual property rights used or embodied in or in connection therewith. Nothing in these Terms shall prohibit Nayax in any manner from using, developing, marketing, licensing, or otherwise disposing of the Site, or concepts, software or code embodied therein anywhere in the world; nor shall anything herein be construed to grant to the User any rights in or to any present or future products of Nayax, whether or not similar to the Site.
6. MISCELLANEOUS
   • Amendments. NAYAX may change the Terms from time to time, at its sole discretion and without any notice. All changes to these Terms are effective as of the stated “Last Modified” date above.
   • Severability. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of these Terms shall remain in full force and effect.
   • Assignment. NAYAX may assign these Terms at any time to the successor in interest in connection with a merger, consolidation or other corporate reorganization
   • Choice of Law. The Site and these Terms and any dispute arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of the State of Israel. You agree that all such disputes shall be brought exclusively in the appropriate courts of Tel Aviv, Israel.

Previous version of Terms & Conditions – January 2019