Gil Travel Phones - Terms & Conditions

General Terms for the Purchase and Usage of a Cellular Phone

"JFC" or "Service Provider" - Jerusalem 1st Class Ltd., Co. Number 514152594
"Client" - The purchaser of radio-telephone services as per the general terms herein.
"Unit" - the cellular telephone purchased by Client.

• The Transaction - in consideration for the payment made by Client, Client will receive the exclusive and eternal right of usage of the Unit.
• The Unit - the unit is operable within Israel only, on the Pelephone network, utilizing CDMA (without a SIM card).
  You will receive a phone of the following class, models may vary: 3G, SMS, MMS, Camera, Video, Butooth, MP3.
• Charging the Unit - the Unit's charging, enabling its usage for the purpose of outgoing phone calls, and SMS and MMS messages, will be on a Pre-Paid basis only, at rates and under the terms set by the Service Provider from time to time.
  Pre-payment in order to charge the Unit can be made by purchasing a pre-paid card with a preset NIS amount and a charging code, or via phone call to the automated service, or via the internet site ("Unit Charging").
  After charging, Client will be entitled to outgoing calls and cellular radio-telephone services through the Unit up to the amount charged and in accordance with the rates set by the Service Provider from time to time.
  The right to prepaid outgoing calls shall expire by the end of a certain period beginning on the date of the prepayment, as shall be set upon the Unit Charging, and Client shall not be entitled to any reimbursement for amounts outstanding. The manner of the Unit Charging may be modified at the discretion of the Service Provider.
• Unit Guarantee - the Unit is refurbished. Client is hereby guaranteed for the proper functioning of the Unit (technical malfunctions as a result of reasonable usage only) for a period of 12 months, excluding any liability for water damages, fractures or loss. Guaranteed malfunctions shall be serviced at the Pelephone service centers, in accordance with the then effective terms of service of Pelephone, for free.
• Maintenance Service - maintenance and servicing that are excluded from the Unit Guarantee shall be provided at the Pelephone service centers, in accordance the then effective terms of service and rates of Pelephone.
• Customer Service - customer service shall be provided by JFC via an internet site and call center during working days and working hours as are customary in Israel.
• Returns and Cancellation - a non-malfunctioning Unit may not be returned and the transaction may not be cancelled. If a trip was cancelled, then upon presentation of proof of cancellation of the trip, refund of the plan only (not shipping) may be obtained when the unit is returned.
  In any other case of cancellation of the phone rental, Gil Travel Phones reserved the right to refund the deposit in instances it sees fit. In such a case, the daily service fee will be deducted from the refund until the date of return of the phone (postmark date).
  A malfunctioning Unit may not be returned unless the malfunction is such that it is covered by the manufacturer's guarantee and the malfunction is not serviceable. In such an event Client will be entitle to substitute Unit of the same model, or a model as similar as possible.
  The foregoing shall not apply in the event Client has an explicit right to cancel the transaction or return the Unit by law. If phone is lost or damaged, Client must notify JFC immediately to cancel service, otherwise daily fees and any usage charges will continue to accrue until notification.
• Consent to Commercial Advertising via the Unit - as an integral part of the terms of the transaction, Client hereby consents to receive commercial advertising material via the Unit and via e-mail. Client's explicit consent is hereby given evidence by his execution of this Agreement. It is hereby clarified that the consideration paid by Client reflects a discount given specifically vis-a-vis the foregoing consent.
  Revocation of consent will be made possible by returning an SMS or e-mail, subject to the return of the unit to the Service Provider.
• No Contractual Relationship with Pelephone - hereby clarified that Client has no contractual relationship with Pelephone, and the full responsibility for the undertakings contained herein is upon JFC alone. The Unit is registered with Pelephone in the name of JFC and such registration may not be assigned to Client or any other third party.
  Any servicing and maintenance of the Unit (including under the Unit Guarantee) as per this Agreement shall be in accordance with the then effective terms and conditions applied by Pelephone.
  Pelephone and / or the service provider is authorized to cancel a prepaid card and/or prevent any services via the Unit in the event there is suspicion of inappropriate usage or fraud of any sort with respect to the card and/or Unit. Without derogating from the above, it us hereby clarified that JFC and/or the manufacturer of the Unit shall be solely liable for the device of the Unit and/or for the cellular radio-telephone services through the Unit and/or anything bound with them.
• Waiver - Client is exclusively responsible for any content and data existing in the Unit and/or broadcasted by the Unit including SMS, MMS or any other form of broadcasting, both with respect to saving and backing up content and data, as well as with respect to infringement upon any privacy interests or security interests which may result from the usage or saving of such content. Unless otherwise is provided by any applicable law, JFC shall bear no liability for damages of any sort, including indirect or consequential damages, which may be caused to Client and/or anyone in his behalf, as a result of any malfunction of the Unit and/or any disruption of the provision of services and/or the servicing, maintenance and customer services work hours and/or the speed of JFC's response to Client's call and/or for any other reason, except for direct personal damages or direct damages to property caused by JFC only, intentionally or out of negligence and only to the limit of an amount of up to $100.
• Choice of Law and Jurisdiction - This Agreement and any matter arising or related to this Agreement, directly or indirectly, shall be subject to the Laws of Israel only and the jurisdiction to adjudicate any such matter shall be exclusively vested in the competent court in Jerusalem.
• Assignment and Transfer - JFC is entitled to assign or transfer its rights and/or undertakings, entirely or partially, according to this Agreement, to any third party at its sole and exclusive discretion, provided that Client's rights shall not be adversely affected.