Welcome to the “Secondary number” app (hereinafter: “the app“), which is operated by Cellact Company, Private Company 512958679 (hereinafter: “the company“), PO Box 26, Zip .Code 60990.
1. The service
1.2. The secondary number is a mobile number (cellular) or standard stationary from which the user can receive and make calls, and if it is a mobile cellular number, to receive and send text messages (SMS). The calls and messages that can be made through the app are calls and messages to subscribers in Israeli operators networks only (such as Bezeq, Pelephone, Cellcom, Partner, Golan, Rami Levy, We4G and Hot Mobile etc.) on mobile or landline lines. It is not possible to make phone calls through the app for special / premium numbers, to foreign operators (numbers abroad) or to operators in the Palestinian Authority.
1.3. “Additional services” – may be available within the app, in addition to the service described above, such as voice mail, conference call and call recordings. The Company will have absolute and exclusive discretion to determine whether the use of the Additional Services (or any part) will involve additional fees and what the payment rate will be.
1.4. It is clarified and agreed that the user rents, rather than purchases, the secondary number from the Company. The number is the property of the company. With the end of usage period, the number will return to the company’s use and it can be reused at will, including renting it to another user. It is further clear and agreed upon by the user that he may rent from the company a telephone number that was used by another user, earlier. The user cannot purchase the number from the company and cannot mobile the secondary number received from the company to another mobile operator, unless the user have purchased plans / services for using the application for a cumulative amount of NIS 30, or the secondary number was ported by the user to the service, as described
2.5. Logging in to the App or using the services that are offered in the App, will be done after downloading the app from the different app stores and entering a mobile phone number to it, and on this number, the user requests to use the app, which is owned and / or controlled and / or used by him. Submitting incorrect information will prevent the ability to use the app effectively, and the user will have no claim, or complaing against the company and / or any other company on this matter. In the event of a change of the user’s telephone number, the user must verify that the service is re-registered with the new number.
2.6. Filling the user’s required information in the application signup process is the sole responsibility of the user and the user undertake to enter the only correct information, and only to enter a mobile phone number which he owns or controls or uses, and has obtained permission from the legal owner of the number (only if he does not own the telephone line), and to not fill in any third party or incorrect details. A user who has not fully and accurately provided information and / or details and / or provided telephone line details without the prior consent of the owner (of the line) will not be able to use the app.
2.7. The Company may (but does not obligate), in its decision, to block, prevent and / or revoke access to any of the users for any reason, including and without prejudice to the foregoing, in the following cases:
2.7.1. Committing an act or omission, which is offensive or can damage the app and / or other user (s);
2.7.2. Preventing others from joining the app and / or services on the app, or continuing to enjoy the services in any way;
2.7.3. Providing unauthorized and / or deliberately incorrect information;
2.7.5. Use of the App Services to perform and / or attempt to perform, and / or assist, and / or encourage, an inappropriate and / or illegal act, and / or an act that deemed to be inappropriate and / or illegal;
2.7.6. Due to non-payment of the full application fee.
3. Availability and accessibility of the app
3.2. The company does not guarantee the duration of the period of the application will continue to be available at app stores. It is also possible that due to any circumstance, the app activity will be discontinued, whether temporarily or permanetly, and this will not impose any liability on the company of any kind. In addition, due to any circumstance, the application activity, temporarily or permanently, may be discontinued only for certain specific devices and / or operating systems and / or operating system versions, and will not impose any responsibility of any kind to the Company.
3.3. The User shall have no claim and / or complaint against the Company and / or anyone on its behalf to the Services provided in the App.
3.6. Cellular services and mobile numbers provided by the company to the user are provided to the company by a licensed mobile operator from the Ministry of Communication or any other service provider. The Company will, at its sole discretion, select the operator (s) from which it will receive the services required.
4. Use of the app
4.1. To attain a secondary number the user must download the app to their smartphone, install the app, request, within the app to have “secondary number” and provide payment method or username (if the user purchased it in advance). The company will have absolute and exclusive discretion to determine whether downloading the app will add additional fees and what the payment rate will be.
4.3. During the period of use, the user may use the secondary number as described in sections 1.1-1.2 above.
4.4. Except as detailed in sections 4.6 and 4.9 below, when the period of use ends, the user’s right to use the app will end, and this option will be blocked, and the secondary number that was used by the User will return to the Company and may be used at will, including renting it to another User. The company does not undertake to keep the user’s telephone number used after the end of the use period.
4.5. A user who wants to acquire the right of using the app for another period can do so within the app.
4.6. A user who wants to acquire the right of using the app for another period of time and wishes to retain the telephone number which he has received for his temporary use, even for the additional use (period), can do so within the application, provided that he has purchased another period use before his current period of use ends and selected the option to reuse the number (the existing one). In this case, the additional use period will start with the end of the current use period.
4.7. The sequence digits of the secondary number that the user receives shall be chosen exclusively and at the absolute discretion of the company, and the user will not be able to choose the number except the cases listed below:
4.7.1. If an active user would want to purchase another period of use with the same secondary number he must act as above in section 4.6.
4.7.2. If a user would be interested of using the number he owns, he must act as below in section 4.9.
4.8. The user cannot purchase the secondary number he has received from the company, and cannot port it to another mobile operator according to the regulatory guide and rules, unless the user has purchased plans / services for using the application for a cumulative amount of NIS 30 or more.
4.9. A user who owns a cell phone number on the cellular network of the operator Cellact Communications (or another network which is ported to Cellact Communications Inc.) can determine, by purchasing service package in the app, that the secondary number he will receive will be the telephone number he owns. In this case, when the usage period ends, the phone number will continue to be owned by the user.
Without derogating from the above, a user who has ported a number from another operator network to Cellact Communications Ltd. for the purpose of using the application, and did not make an active use of the app (there are no payments and / or active service packages in the application and / or no calls and / or text messages were made from the application ) For a period of 6 months (in this paragraph: “dormant subscriber“) the company will be entitled to return the number on its own initiative by porting it to the network of the original operator to which the number belongs by prefix.
4.10. It is clear and agreed upon by the user that he may rent from the Company a telephone number which was used by another user before, and he will have no claims to the Company for this.
4.11. A user who wishes to disconnect from the service before the end of the period of use shall provide the Company with a cancellation notice in one of the following ways:
(a) By a call to a customer service centre at +972-9-9704181.
(b) by registered mail to Cellact Ltd, Hutzot Shefayim, PO Box 286 Zip Code 60990.
(c) by fax number +972-9-9704168.
(d) by e-mail from the application, to mailbox email@example.com.
The termination of service will take effect no later than three business days from the cancellation notice (and if the cancellation notice is delivered by registered mail – within no later than six business days from the date of delivery). Only if the user does not specify a different cancellation notice date and/or a later date.
Upon cancellation, the service will be discontinued, with all related services. There is no need to remove the app to disconnect the service. In the event of such a disconnection, the Company shall be entitled to charge the User duly cancellation fees. The disconnecting and / or termination of the service, for any reason, does not derogate from the user’s obligation to pay the applicable fees up to the date of such termination.
It is clarified that removing the app from your mobile phone is not sufficient to disconnect from the service. The secondary number will be available to the user for the duration of use even if the user has removed the app from their smartphone. In this case, where the user uninstalled the app before the end of the use period, the device will continue to receive incoming calls until the end of the use period (but no calls or messages can be made). In order to disconnect and discontinue this service (incoming calls and messages) before the end of the use period, the user must follow the instructions in section 4.11 above.
4.13. The right of using the app is personal to the user and not transferable to any third party.
4.14. The Company may, in its sole discretion, refuse to grant access to the app or any part of the app to any user, without prior notice and for an unlimited period of time, including as provided in section 2.7 above.
4.17. Without subtract from the generality of the foregoing and the following, it is strictly prohibited to perform any unlawful act, including the perpetration of civil wrongs and / or criminal offenses of any kind, through the application, and the sole responsibility for the results of the acts of the user only applies on the user, including:
4.17.1. Inserting a computer code, software or application that includes a virus, spyware, and other hostile software (such as a Trojan, worms, and other harmful applications), whether into an application and / or servers and / or other users’ mobile devices.
4.17.2. Creating automated or non-user-owned accounts.
4.17.3. “Spam” delivery (spam or uninvited mail) via the app.
4.17.4. Sign into the app using an account that does not belong to the user.
4.17.5. Offenses and / or wrongs under the Defamation Prohibition Act, 1965 and / or the Privacy Protection Act, 1981.
5.1. App usage involves payment.
5.1.1. Payment – Payment for using the app will be made by a valid credit card in the App Store and Google Play online stores or through the PayPal website or by direct payment to an in-store agent (including virtual stores) who sells “secondary number” only by receiving verification code.
Purchasing service packages in the app is on a prepaid basis – with a prepayment.
5.1.2. The rate – The cost of using the app will be as advertised in the app itself and / or in the online stores App Store, Google Play, PayPal store and / or with agents selling the “secondary number” at the time of the purchase, and it will be updated from time to time.
The rate is determined regardless of how much the user uses the app and / or the number of days the app was used. Any user who has rented such “secondary number” will pay the full usage fee, even if he did not use the app at all, or if he only used part of the period, including, even if the user removed the app before the end of the use period, subject to the provisions of the Consumer Protection Law, 1981 and subject that the user disconnected from the service as stated in section 4.11 above.
The use of the various services within the app,(such as voicemail, conference call and call recordings), will involve a separate and additional fee, the rate will be published, and updated from time to time, within the app and / or online stores and App Store and / or Google Play and / or PayPal and / or agents selling the “secondary number.”
5.2. The Company has the right to grant its users and / or some of them various discounts and / or benefits for different period times without any relation to the payment of the application fee. All benefits mentioned above are provided in alignment with the law and at the sole discretion of the Company. The granting of such benefits, as they may and will continue, does not constitute a commitment to continue to provide such benefits or a commitment to provide such benefits to other users and one should not see equal measure to all users and / or cases.
5.3. If a Law court in Israel determines that a user gives a false credit report to a credit card company pursuant to section 9 (b) of the 1986 Debit Cards Act in order to cancel a debit card bill relating to the use of the app, the user will pay the company an agreed compensation without proof of damage of 5,000 NIS this is without detracting the Company’s rights to take any legal proceedings and / or to demand any remedies to which is authorized under law. It is agreed that this amount is a reasonable amount in the costs that involved in filing a claim against the user.
5.4. The company will have the exclusive right to offer users free packages (hereinafter: “trial package“) for a limited period of time at the company’s discretion, in which a user will be able to use all or part of the application services without purchasing a paid service package. The use of a trial package does not involve undertaking and / or providing personal details and / or means of payment on the part of the user, but rather downloading the application and entering a telephone number on which the application will operate only, as described in sections 2.5-2.6.
5.5. Any communication for the purchase of packages and services as part of the use of the app by the user is made with the store where the purchase is made: App Store, Google Play, PayPal or agents who sell the “Num2” application. Thus, the delivery of personal details and / or means of payment will be made with the store where the purchase is made and will not be entered at any stage into the company’s application or databases. While the existing details in the app are intended to allow proper operation of the application only.
6. Confidentiality, Privacy
6.1. The Company will not transfer user information to any other party, except in the following cases: (a) the sale of the App and / or the Company (including the sale of all or a substantial part of its assets); Or (b) if an order is obtained requiring the company to provide such information duly by a judicial authority or on behalf of a competent authority.
6.3. The Company may use, without limitation, the user information, without specific user identification, and the user hereby agrees that such details and data will be used for promotional, advertising, market research, statistical information analysis and presentation as well as for any other legal purpose and / or delivery to other parties, including commercial entities, with no territorial, time or any other restriction.
6.4. For the user to be updated with the services provided through the app, the company sends the user messages (SMS messages) to the telephone line that was provided when the account was opened in the app. The user hereby agrees to the company and / or on its behalf, to send such messages. If the user wishes to stop receiving such notifications, he or she should contact the company’s customer service department at e-mail firstname.lastname@example.org and request to be opt out from the mailing list.
6.5. It is clarified that by registering to the application the user agrees to receive e-mail and / or text messages (SMS) and / or push notifications from the company and / or on its behalf, including e-mail and / or text messages (SMS) e-mail, fax and / or system automatic dialling that encourage to purchase services and products of the Company, which may include updates on various subjects, publications, and messages containing content defined as “promotion”, pursuant to Amendment 40 of the Communications Law (Bezeq and Broadcasting), 1982. At any time, the user can notify the Company of its request to remove its contact details from the Company’s distribution list at e-mail address: email@example.com.
7. Intellectual Property Rights
7.1. All intellectual property rights related to and / or inherent in the App, of the related documents and trademarks , including but not limited to, patents, copyrights, trademarks, trade secrets, logos, moral rights, business secrets, ideas, etc. existing and future, whether protected or unregistered, are and will remain wholly and exclusively owned by the Company.
8. Apple and / or Google Warranty
8.1. The app can be downloaded from the Apple Inc. app store. (Hereinafter: “Apple”) -App Store or Google Inc.’s App Store (“Google”) – Google Play based on the user’s smartphone and operating system.
8.2. The Company is solely responsible for providing app maintenance and support services that will be provided to the extent required by the Company’s discretion from time to time and subject to any law. Apple and / or Google have no responsibility for providing app maintenance and support services.
9. Responsibility of the mobile operator
9.1. The services that are provisioned in the application depends on the existence of an active and proper mobile subscription of the user to a licensed mobile operator in the specific country of use as well as Internet connection (through mobile browsing or in any other way). The user aknowledges that the app cannot be used without a SIM card, without a usable and/or proper line with an Israeli mobile operator or a mobile operator in the supported countries, and/or without proper connection to the Internet through mobile browsing or other access.
9.2. The Company is not a party to any agreement and / or transaction that has been concluded between the user and the mobile operator that is providing service to him, and any transaction that has been concluded directly between the user and the mobile operator. Therefore, the Company does not bear any responsibility, directly and / or indirectly, to the terms binding between the user and the mobile operator and / or the services (including the nature, quality, availability and continuity) which the user purchases and / or receives from the mobile operator. The mobile operator shall be fully responsible for the cellular services and shall be solely responsible for any damage, claim, and liability, lost money, loss and / or any other expense incurred to the users and / or third parties in connection with the cellular services sold by them.
9.3. It is clear and agreed upon by the user that the nature, quality, availability and continuity of the cellular services that he receives through the app will depend, first and foremost, on the nature, quality, availability and continuity of the services that his mobile operator will provide.
10. Corporate Responsibility
10.1. The user declares and warrants that he and / or anyone on his behalf will not have any claim or demand directly and / or indirectly, against the Company, and / or anyone on its behalf and / or any third party cooperating with it, based on contract, in accordance with any other law, even if the Company or anyone on its behalf becomes aware of the possibility of such a claim. The foregoing includes, in connection with the terms of the Application, its management, for any expense, loss and / or damage, direct or indirect, aggravation, accidental, special or consequential damage, or any other damage of any kind, including software damage, hardware, and / or damage of mobile devices, and / or loss of profits, data, loss of application performance, delay in use or inability to use the app, or otherwise arising from the use of the app. Without derogating from the foregoing, it is clarified that the Company is not responsible and will not be liable in any way for any damage and / or loss and / or direct, indirect, punitive, incidental, special, consequential or any other damage of any kind caused by the use of the Application; Or the inability to properly use the app; Or that the app may not match to the user and for any other reason, which exceeds the app usage rate.
10.2. The user declares that he will bear full and have an exclusive responsibility, against the company and / or any third party, for any result, expense and / or damage that rising from unauthorized use, which includes his or her illegal use of the app.
10.3. The user hereby undertakes to compensate the company, and / or on its behalf, for any loss, loss of profit, payment or expense incurred by the company – including attorney’s fees, including VAT and legal expenses incurred by the company due to a breach of application terms by the user.
10.4. The user declares that he / she is aware that the secondary number is not intended for emergency use and is not intended of dial to emergency services; police, fire department or first aid services.
11. Limitations of responsibility for app disruptions and malfunctions
11.1. The Company is not responsible for any damages, defects, or malfunctions of any kind whatsoever, which may be caused by downloading and / or installing the app, loss of data, defects and / or malfunction of the device and / or hardware and / or In any other software (hereinafter: “Damages“) provided that the damage was not caused by the Company, maliciously. The User acknowledges that to minimize any damage, he must periodically make backups, including and especially before downloading and / or installing any version of the Application.
11.2. Without detracting from the fact that the application services are based on telephone operator and active cellular communication of the mobile operator which the user is linked, or alternatively on device mobile data or another internet network, the company does not undertake that the services in the app will be provided in order or without interruptions, or will be carried out safely and without errors, or be immune from unauthorized access to the servers of the app and / or against damages, breakdowns, malfunctions or failures – including, in hardware, software, in lines and communication systems, in the app. There may be malfunctions, disruptions, loss of use or server crashes, power outages, hacker attacks, viruses, computer hacking, theft and misuse of information and / or the details provided to us by the user.
11.3. The user hereby declares that he is aware of and agrees that he may be harmed by the circumstances and limitations of using the app, either for those controlled by the company or for those not controlled by the company. The User declares and agrees that the Company and / or third parties associated with the Company are not responsible in any way for these potential damages and the User undertakes not to sue and / or make any claims or demands against the Company and / or any third party.
11.4. The Company and / or anyone on its behalf shall not be liable for any direct or indirect, financial or other damages caused to the user or anyone on his behalf as a result of the use of the app, including any direct or indirect damages of any kind, caused to the user or any third party due to App malfunctions and / or due to technological difficulties and / or software and / or hardware and / or communication failures and / or anything else related to the app.
12. Limitation of Liability for Information Security
12.1. The app is protected by information security systems that are accepted by market standards. However, it is clarified that because the application activity is in an online environment, the company cannot guarantee complete immunity from intrusion into the company’s computers or servers and / or exposure of the information stored in the app by the perpetrators of illegal operations. The company does its best to protect the information but the step taken by the Company do not ensure complete security against unauthorized intrusion into the application’s security systems. Therefore, the Company does not undertake that the activities in the app (the service and the related services) will be totally immune from unauthorized access and exposure of the user’s information or the user’s content to these parties, and the user hereby declares that the foregoing section is clear to him and that he does not have any allegation and / or demand against the Company regarding such app infiltration.
12.2. If any third party will penetrate to any information that is stored by the Company and / or misused this information, the User will have no claim, complaint and / or demand against the Company in this case.
12.3. To the extent that the law will not fully allow the Company’s liability limitation in the section above, these sections (with all their sub-sections) should be interpreted as minimizing the Company’s liability to the extent possible and in any event the Company’s financial responsibility for any damage and / or expense of any kind and type, will not exceed the customer’s monthly payment for which the damage relates to.
13. Cancellation of transactions
13.1. User may unsubscribe from the app as stated in section 4.11 above, in accordance to the provisions of the Consumer Protection Act, 1981 and the regulations that are updated from time to time and subject to the use of the App Store and Google Play instructions.
14. General Terms