Terms and Conditions Kadima Grow

Last updated: 25/6/2023

THIS TERMS OF USE AGREEMENT (the “Agreement”) constitutes a legally binding agreement by and between Kadima Digital, a company organized under the laws of Israel (“Kadima Digital”) and the client, whether personally or on behalf of an entity (“Client”), with regard to access and use of Kadima Digital’s ecosystem behind the brand: https://www.kadimadigital.com/ (the “Company”) and any other media form, asset, channel, mobile website or mobile application related, linked or otherwise connected thereto. Failure to agree and adhere to all of the terms, conditions and obligations contained herein results in the express prohibition of the Client’s use of the Company services, and the Client is ordered to discontinue use immediately. Thereafter the relationship between Client and Kadima Digital shall cease and be of no further force and effect between the parties, except that any obligation of Client to pay Kadima Digital for services rendered shall remain and continue to be an ongoing obligation owed by Client to Kadima Digital.

  1. Intellectual Property Rights

Unless otherwise indicated, the marketing materials are the property of Kadima Digital and all source code, databases, functionality, software, strategies, spreadsheets, working documents, designs, creatives, audio, video, text, photographs and graphics of any nature and regardless of format (herein, collectively or individually, the “Content”) and the trademarks, service marks, and logos contained there (the “Marks”) are owned and controlled by Kadima Digital and are protected by copyright and trademark laws and any other applicable intellectual property law or regulation of Israel, foreign jurisdictions and international conventions. The Content and Marks are provided “As-Is” for your information and personal use only. Except as expressly provided herein, no part of the Company and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Kadima Digital’s express prior written permission. Kadima Digital reserves all rights in the Company, Content and Marks.

  1. Ownership of Materials

Notwithstanding Kadima Digital’s ownership of Submissions, as described in Paragraph 4 (“Client Feedback”), all strategies, creatives and workflows created on Client’s behalf (“Projects”) belong to Client, and Client shall be the sole owner of the copyright for all Projects. In the event that any operation of law would cause Kadima Digital to become the owner of a Project, in whole or in part, rather than Client, Kadima Digital irrevocably and perpetually assigns its entire interest in the Project to Client, without limitation.Client warrants that any and all materials provided to Kadima Digital as examples or as material to be incorporated into a project during the process are owned by Client and do not infringe on or misappropriate any third party’s rights, including, but not limited to, all intellectual property rights and any right of publicity. Kadima Digital always reserves the right to share the Client’s work publicly (strategy, emails, ads, social media, etc.) unless agreed upon as stated in section 16 of this document. 

  1. User Representations

By using the Company, Client represents and warrants that:

  • Client has the legal capacity and agrees to comply with these Terms of Use; 
  • Client is not a minor in the jurisdiction of their domicile; 
  • Client will not access the Company through automated or non-human means; 
  • Client will not use the Company for any illegal or unauthorized purpose;
  • Client’s use of the Company will not violate any applicable law or regulation.
  1. Prohibited Activities

Client shall not access or use the Company for any purpose other than that for which the Company is made available to the Client. The Company may not be used in connection with any commercial endeavors except those related to the work performed by Kadima Digital on behalf of the Client. Further, Client agrees to refrain from the following:

  • Make any unauthorized use of the Company;
  • Retrieve data or content or the purposes of creating or compiling a database or directory;
  • Circumvent, disable, or otherwise interfere with security-related features on the Company;
  • Engage in unauthorized framing or linking of the Company;
  • Trick, defraud or mislead Kadima Digital or other users;
  • Interfere with, disrupt or create an undue burden on the Company or Kadima Digital’s networks or servers;
  • Use the Company in an effort to compete with Kadima Digital;
  • Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Company;
  • Bypass any measures on the Company designed to prevent or restrict access to the Company or any portion thereof;
  • Harass, annoy, intimidate or threaten any of Kadima Digital’s employees, independent contractors or agents providing services through the Company;
  • Delete the copyright or other rights notice from any Content;
  • Copy or adapt the Company’s software;
  • Upload or transmit, or attempt to do so, viruses, Trojan horses, or other material including anything that interferes with any party’s use of the Company or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operations or maintenance of the Company;
  • Upload or transmit, or attempt to do so, any material that acts as a passive or active information collection or transmission mechanism;
  • Disparage, tarnish or otherwise harm Kadima Digital;
  • Use the Company in a manner inconsistent with any applicable laws, statutes or regulations.
  1. Client Feedback

Client acknowledges and agrees that any questions, comments, suggestions or other feedback or submission (each a “Submission”) shall be the sole property of Kadima Digital and Kadima Digital is under no obligation to keep a Submission confidential or take steps necessary to ensure the confidentiality of a Submission. Kadima Digital shall be the sole and exclusive owner of all rights related to the Submission except to the extent that rights are granted to Client under Paragraph 2 (“Ownership of Materials”), and shall at its sole and unrestricted discretion use and disseminate a Submission for any lawful purpose without permission, acknowledgment or compensation of or to the Client. Client agrees that it has the right to articulate and put forth the Submission and Client hereby waives all claims and recourse against Kadima Digital for its use of the Submission in accordance with the terms hereof and in its sole discretion hereafter.

  1. Management and Oversite

Kadima Digital reserves the right to monitor the Company services for violations of these Terms of Use and to take appropriate legal action in response to a violation of the Terms of Use or any applicable law, statute or regulation. Kadima Digital further reserves the right to restrict or deny access to the Company or disable the Client’s use of the Company. Such decision shall be in the sole discretion of Kadima Digital, without notice or liability to Client. All decisions regarding the management of the Company shall be at the sole discretion of Kadima Digital and shall be designed to protect Kadima Digital’s rights and property.

  1. Privacy Policy

By using the Company, Client agrees to be bound and abide by the Privacy Policy and the terms more particularly set forth therein and adopted and incorporated herein. The Company is hosted in the United States of America. Access to the Company from the EU, Asia or other regions of the world may result in the applicability of laws, statutes or regulations different from those of the United States which govern personal data collection, use or disclosure. Client’s continued use of the Company and transfer of data to the United States constitutes express consent of Client to the transfer and processing of data in the United States. Kadima Digital does not knowingly accept or solicit information from individuals under the age of 18. In accordance with the United States’ Children’s Online Privacy Protection Act, upon the receipt of actual knowledge that an individual under the age of 13 has provided personally identifiable information to Kadima Digital without parental consent, Kadima Digital shall delete that information as soon as reasonably practical.

  1. Returns and Refunds

Kadima Digital reserves the right to deny refunds based on its own self-discretion and without notice or liability to Client. Refund requests are assessed on a case-by-case basis. Should Client request a refund during the first month of use, all materials produced by Kadima Digital are ownership of the company and are prohibited from being used by the Client in any way.

If a refund is deemed to be appropriate, there will be a 25% fee assigned to the remaining billable period.

Kadima Digital reserves the right to take appropriate legal actions against Client for breach of this paragraph.

  1. Modification

Kadima Digital reserves the right to change, alter, modify, amend or remove anything or any content on the Company for any reason at its sole discretion. Kadima Digital reserves the right to modify or discontinue all or part of the Company without notice and without liability to Client.

  1. Connection Interruptions

Kadima Digital does not guaranty or warrant the Company will be available and accessible at all times. Issues with hardware, software or other items may result in interruption delays or errors beyond Kadima Digital’s control. Client agrees that Kadima Digital shall not be liable to Client for any loss, damage or inconvenience caused by Client’s inability to access or use the Company during any interruption in the connection or service.

  1. Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of Israel without regard to conflict of law principles.

  1. Disclaimer

The Company is provided on an as-is, as-available basis. Client agrees that its use of the Company and Services is at Client’s sole risk. Kadima Digital disclaims all warranties, express or implied, in connection with the Company and Client’s use thereof, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Kadima Digital makes no warranties or representations about the accuracy or completeness of the Company or any content thereon or content of any websites linked to the Company and Kadima Digital assumes no liability for any errors, mistakes or inaccuracies of content and materials, personal injury or property damage, of any nature whatsoever, any unauthorized access to or use of Kadima Digital’s secure servers and/or any personal information and/or financial information stored therein, any interruption or cessation of transmission to or from the site, any bugs, viruses, Trojan horses or the like which may be transmitted to or through the Company by any third party and/or any errors or omissions in content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available through the Company. Kadima Digital does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party either through the Company, a hyperlinked website or any website or mobile application featured in any advertising.

  1. Limitations of Liability and Indemnification

Kadima Digital and its directors, employees, members, independent contractors or agents shall not be liable to Client or any third party for any direct, indirect, consequential, incidental, special or punitive damages, including lost profit, lost revenue, lost data, attorneys’ fees, court costs, fines, forfeitures or other damages or losses arising from Client’s use of the Company.Client agrees to defend, indemnify and hold harmless, Kadima Digital and its subsidiaries, affiliates and all respective officers, members, agents, partners, employees and independent contractors from and against any loss, damage, liability, claim or demand including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Company; (2) breach of these Terms of Use; (3) any breach of Client’s representations and warranties set forth herein; (4) Client’s violation of the rights of any third party, including but not limited to intellectual property rights. Notwithstanding the foregoing, Kadima Digital reserves the right, at Client’s expense, to assume control and defense of any matter for which Client shall be required to indemnify Kadima Digital hereunder. Client agrees to cooperate with the defense of such claims.

  1. User Data

Client is solely responsible for all data transmitted to or that relates to any activity Client has undertaken using the Company. Kadima Digital shall have no liability to Client for any loss or corruption of any such data and Client hereby waives any right of action against Kadima Digital from any such loss or corruption.

  1. Electronic communications, transactions and signatures

Client hereby consents to receive electronic communications from Kadima Digital and Client agrees that all agreements, notices, disclosures and other communications sent via email or through the Company satisfy any legal requirement that such communication be in writing. Client hereby agrees to the use of electronic signatures, contracts, orders and other records, and to electronic delivery of notices, policies and records of transactions initiated or completed by Kadima Digital or through the Company. Client hereby waives any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records or to payments or the granting of credits by any means other than electronic.

  1. Showcasing Marketing Work

Kadima Digital reserves the right to share work on digital channels including social media, website, etc. unless otherwise agreed upon. The Client reserves the right to issue an NDA between themselves and Kadima Digital, which in turn would void the right of Kadima Digital to share or discuss Client’s work publicly.

  1. Referrals

Referral tracking and payouts are handled through our third-party partner at the time.

  1. Miscellaneous

These Terms of Use and any policies posted on the Company or regarding the Company constitute the entire agreement and understanding between the Client and Kadima Digital. Failure of Kadima Digital to enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. If any provision or part of these Terms of Use is determined to be unlawful, void or unenforceable, that provision shall be severed from these Terms of Use but shall not otherwise affect the validity or unenforceability of the remaining provisions herein. Nothing in these Terms of Use, the Privacy Policy or on the Company shall be construed to constitute the forming of a joint venture, partnership, employment or agency relationship between Client and Kadima Digital.

  1. Contact Information

For any questions or complaints regarding the Company, please contact Kadima Digital at: hello@kadimadigital.com.

Johannesburg

Located in the heart of Johannesburg, our office sits in the affluent area of this metropolitan city. Sandton has been developed into one of the top financial districts in the country. All of the nation’s top investment banks and financial consultants have chosen Sandton as the head office. Some notable companies include Massmart and Nedbank. You can also find one of the biggest convention centres of the African continent in Sandton. The Sandton Convention Centre is a twelve storey building built to accommodate up to 10,000 people at any one time. Some of the most prolific annual events are held at this convention centre.

Johannesburg has now transitioned from being a gold mining city to becoming one of the most multicultural and vibrant cities in the continent. Home to one of the world’s largest urban forest and art gallery, this is a progressive city that Kadima Digital is proud to call one of our homes.

Lisbon

Located in southern Europe, a part of our team resides in Lisbon, the capital of PortugalLisbon boasts breathtaking scenery and a rich culture, and has become a hotspot for startups and other successful businesses. Companies such as Volkswagen, Tyson and Capgemini are examples of major international businesses established here. With Portugal being ranked 7th in the world for English proficiency, as well as being relatively cost-friendly, it’s no wonder so many entrepreneurs and CEOs are venturing towards its capital. Lisbon offers some of the most beautiful views in the world, and is a definite contender for the next big tech and business hub. With its world-class infrastructure, incredible culture, and high standard of living, there is no shortage of  experiences to be had.

Tel Aviv

Located in the heart of the middle east, our head office sits in Tel Aviv, Israel. This little country is home to more startups per capita and some very well known tech companies, including Payoneer, Walkme and Riskified. In the most recent years, the thriving tech scene has drawn many venture capitalists and startup founders to the city.

Besides its mature business ecosystem, Tel Aviv is also known to be one of the best cities for nightlife and international cuisine. The cultural heritage combined with its modern sensibilities makes it the ideal environment for Kadima Digital to connect with forward-thinking brands and business leaders. It is our pride and honor to call the world’s most innovative tech hub our home.