Terms of Use – Our Glossary

  1. 1. For your convenience, we have defined the terms to be used in this Agreement and with respect to the services we will be providing to you.
    Terms which have not been defined shall be interpreted in accordance with their definition as set forth in the law.

    • Website – our website, the address of which is www.skuku.com

    • Service Order – A customer's request to be registered as a user of Skuku services and to purchase services and/or products, which includes the customer's identification details (I.D. number, license number and other similar details), the order details relating to the types of services and/or products which the customer requested to purchase and the methods of payment therefor.

    • Contract – the purchase shall be effected via one of the following manners: by written signature by an authorized marketer; by means of telephone communication; by facsimile; by means of the Website or by means of e-mail.

    • User/Customer – A customer who contracts with the Company for the purchase of Services and/or Products.

    • Notice – Any of the following: written notice, including via e-mail, registered mail, facsimile or telephone, the main points of which are documented by us in writing immediately after the occurrence thereof.

    • The Law – This agreement is subject to Israeli law.

    • The Company – ViGSM Ltd.

    • Value Added Services – Services and/or Products which we offer to Skuku Users as services and/or products which are supplementary or accompanying to Skuku services, as well as other services and/or products which we offer to the public and which are available for purchase by any customer, including in the event the customer does not use such services and/or products.

    • The Products:

      • Skuku Stick – A USB device in which the SIM card is inserted.
      • Skuku Phone – one product which contains several features – the Skuku Stick, earphones and several of the Softphone functions.
      • Any other product to be defined by us, which includes the same functions as those products indicated above.

    • Skuku Services (or, the "Services") – All or part of the Skuku Roaming, Skuku World or Skuku to Skuku services, and any other service we provide and which we shall be entitled to provide under law.

    • Price List – The updated list of fees for all Services, as updated on the Website by us from time to time.

    • Discount Rules – Special terms which apply to our sales, according to which we will be offering our Customers time-limited benefits or a benefit which would only apply to a Customer who takes advantage of the sale during the effective period of the offer to purchase the Services and/or Products.

    • Track Rules – Special terms which apply to the track which you have chosen to join, and the prices of such track.

  1. 2. Your Track
    • 2.1 The Services you have ordered based on the rules of the track you have chosen, shall be available to you no later than 24 hours following the Contract, subject to the existence of a suitable communication foundation on your computer. Upon registering for the Services, you shall be provided a password and username in order to receive the Services.
    • 2.2 You may request to change tracks at any time, by providing notice, and any change of tracks is subject to the fulfillment by you of your undertakings under the rules of the track you ordered and/or under the Discount Rules applying to you, including an undertaking to return a benefit or to tender payment for early termination of the track and/or the discount and subject to any law.
    • 2.3 Registration on the Website and the Company's systems shall serve as prima facie evidence, for all intents and purposes, that you have ordered the Services and/or the Products, including with respect to the details of the order and any other instruction or notice issued by you which relates to the Track Rules and/or Discount Rules.
  1. 3. Prices of Services and Products
    • 3.1 The prices of the Services and/or Products which you shall be charged shall be as set forth in the Price List, unless a separate price is determined for your track, as part of the Track Rules, or if the Service and/or Product is provided to you as part of the Discount Rules. The Price List of the Services and/or Products may be viewed on the Website.
    • 3.2 We will update the Price List from time to time, at our discretion, including as a result of changes in the Consumer Price Index, changes in foreign currency exchange rates, a rise in the cost of the Services and a change in the prices of another licensee or of foreign communication operators.
    • 3.3 The prices of the Services are in Euros, and shall be charged in accordance with the Euro rate on the date of purchase and/or use of the Service. Prices do not include VAT and/or any other applicable tax, nor do they include shipping unless otherwise explicitly stated.
    • 3.4 We shall be entitled to charge you monthly user fees as of the date of Contract, in addition to the monthly user fees. You shall be charged for Services based on use.
    1. 3.5 Notice of any increase in the price of the Services and/or the Products will be published on the Website at least fourteen (14) business days prior to the date the price increase becomes effective.
  1. 4. Invoices and Methods of Payment
    1. 4.1 Immediately after user minutes are added to the Customer's account and/or Services are purchased and/or Products are ordered, the Customer shall receive an order confirmation and an invoice for the foregoing. Details of the invoice may be viewed on the Website, or may be received on the Customer's e-mail as indicated upon execution of the Contract.
    1. 4.2 Payment shall be effected by means of a credit card, the details of which shall be provided to us commencing with the execution of the Contract. The Customer is required to inform us immediately of any changes to the methods of payment or of any credit card cancellation.
    1. 4.3 Our systems identify your communication service consumption, and measure and document such information on an ongoing basis. It is agreed that such documentation shall constitute evidence with respect to such service consumption, and in connection with the payments which are required to be made with respect to such services.
    1. 4.4 If, for any reason, including as a result of a technical error in our systems or due to the concern of fraud or due to any other reason, we are unable to measure your service consumption, then we shall charge you on the basis of an estimation of your service consumption, which shall be calculated in accordance with the average amount of your bills during the six months preceding the date on which the measurement was halted. If such estimation cannot be performed, we will make an estimation on another reasonable basis which is likely to reflect your average consumption.
    1. 4.5 In the event you submit an objection to your bill, we shall commence clarifications, and if it is found that you were overcharged, we shall credit you as soon as possible after it is determined that you are entitled to a credit.
    1. 4.6 A detailed breakdown of incoming and outgoing calls and SMS messages performed as part of the Services may be viewed on the Internet.
    1. 4.7 The department that handles customer complaints with respect to the Services and/or products will handle any objection you may have to the bill.
    1. 4.8 The provisions of this Section 4, including all subsections hereof, constitute material terms of this Agreement.
  1. 5. Services and Support
    1. 5.1 It is possible to receive information through the Website, which may assist you in solving problems and mishaps. In addition, our service and support representatives may be contacted via e-mail for any question, objection and/or to receive information relating to this Agreement and/or the Services and/or Products.
    1. 5.2 We are committed to protecting the privacy of all users, and therefore, when contacting the support and service center, you will be requested to provide identifying details, including the username and password you provided to us upon registration for the Services in order for us to be able to ascertain that such information is identical to the information which is registered
      with us.
    1. 5.3 In the event an error occurs in receiving Services, a request to receive service and/or support should be sent via the Website, and the service and support representatives shall assist you in identifying the problem, and will guide you in performing the necessary actions in order to correct the problem and/or in receiving the methods for solving such problem.
    1. 5.4 In the event it is discovered that the source of the Services mishap is in your environment, including the CPE in your environment and/or in any third party supply of service and/or communication foundation, such as a communication foundation owner or the electric company or a factor originating in the Internet, as well as viruses, computer errors, network errors, Firewall
      and/or any other factor which is not under our control, then, we shall not be responsible to repair the error and/or the operation thereof and/or bear any other responsibility in connection therewith.
    1. 5.5 The Company shall be responsible for the proper functioning of the product for a period of three (3) months from the purchase of the product.
  1. 6. Receiving Information on Our Website
    1. 6.1 We may be contacted via the Website to receive information regarding the Services and/or the Products, sales, prices of Services and/or to view notifications to our Customers.
    1. 6.2 We call your attention to the fact that the Website publishes terms for receiving Services, the prices of Products and Services and operating instructions for the Services and/or Products. You are requested to read the terms of Service and the instructions and to act in accordance therewith.
    1. 6.3 You shall be enabled access to your personal information on the Website by typing the password and username which were provided to you upon registering for the services. All use of the services by means of the username and password shall be considered as having been performed by the registered user, by means of such user name and password, including in the event they were performed
      by another user. We shall not be responsible for any username and/or password changes and/or to changes to the user's details if such changes were made by means of the password and username registered with us.
  1. 7. Your Account in the Company and Loading the Account
    1. 7.1 To purchase Services or Products on the Website, you may load your account with us by means of each of the methods of payment specified on the Website – direct payment, PayPal or any other method available from time to time on the Website.
    1. 7.2 Any amount to be loaded and/or deposited by you in our favor shall be accumulated in your favor for the purpose of using the Services, except in the event more than 180 days have passed since you last used our systems without having used the Services. In such instance, your account balance shall be cleared automatically, and it shall not be possible to make any future use thereof. In addition, it is clarified that no credit and/or refund shall be given for such cleared balances, other than as explicitly stated in this Agreement.
    1. 7.3 In the event the Customer erroneously overloads his account, then, if the Customer contacts the Company's customer service within 30 days of such erroneous overloading, he shall be refunded the erroneous amount via the method of payment by which such amount was paid. In the event the Customer contacts the Company's customer service regarding the error 30 days after the error occurred, then the Company will not provide any refund for such loading.
    1. 7.4 In the event you request to terminate services prior to the conclusion of your service obligation period (track), you shall be charged full payment for the entire period of the track.
  1. 8. Rates
    1. 8.1 The Rates:

    • Products: as appears on the Company's Price List on the Website.

    • Skuku Roaming: in accordance with the track selected by the Customer (daily, monthly, tri-monthly).

    • Skuku World: in accordance with call duration and rates of the country, as published on the Website, to which the call was made without additional charges, and the call shall be charged per minute.

    • Discounts: As specified from time to time on the Website.

    1. 8.2 Rate Changes
    • The Company reserves the right to change the charge rates from time to time, by 14 days' notice on the Website or by e-mail.
    • Skuku World rates are subject to change from time to time. Therefore, we are unable to provide prior notice of such changes.
    • In the event the rates of Skuku World calls change and you wish to receive the unutilized, loaded amount, then the Company shall credit you and/or shall offer you an alternative service of equal value.
  1. 9. Termination and Cancellation of Service
    1. 9.1 You may, at any time, submit a request via Website, fax or telephone that we cease providing all or part of the Services. We shall cease the services at your request, within three business days of receiving your notice, unless you request to terminate the services at another date.
    1. 9.2 In circumstances in which the Contract is executed by means of Internet and/or telephone, you may terminate the Contract prior to the effective date thereof, provided that you terminate the Contract within 14 days of the execution of the Contract, and provided that the Contract is terminated at least two business days prior to the commencement of the Service.
    1. 9.3 We may confirm with you your cancellation notice prior to the actual implementation thereof.
  1. 10. Termination of Service at Our Initiative
    1. 10.1 We shall be entitled to terminate the supply of all or part of the Services, temporarily or permanently, in each of the following circumstances:
    • You fail to fulfill your monetary obligations to the Company.
    • A reasonable concern exists that fraud has been committed against us or a third party; no prior notice shall be provided for termination of the Services based on this circumstance.
    • We receive instructions from a competent authority to stop the provision of Services.
    • Bankruptcy proceedings have been instituted against you, or in the event of a creditors' arrangement or negotiations for a creditors' arrangement, or your solvency is in doubt.
    1. 10.2 In exchange for the Services you received up to the date of actual termination of the Services, you shall be required to pay all of the payments applying to you under the Agreement, including interest on arrears, linkage differentials and collections expenses.
    1. 10.3 You are aware that temporary Service interruptions, disruptions or interference are possible, inter alia, due to maintenance work, emergencies or force majeure; in circumstances of initiated maintenance activity which requires Services to be interrupted or limited, we shall make an effort to provide you prior notice thereof.
  1. 11. Privacy
    1. 11.1 We, our employees and any other individual or entity on our behalf undertake to keep confidential and not to provide or disclose to anyone not authorized under law, your details or other information relating to you, which reached us in connection with the receipt of Services, including the details of your account with us (hereinafter, "Personal Information").
    1. 11.2 Subject to the provisions of the Privacy Protection Law, 5741-1981, the Secret Monitoring Law, 5739-1979 and any other law relating to the protection of an individual's privacy, we shall be entitled to monitor via computer your activities in the system which is used to provide the Services, in order to control and ensure that our systems are working properly and to protect the activities thereof and the activities of users, as well as the quality of the Services provided to you.
    1. 11.3 Notwithstanding the foregoing, it is agreed between us that we shall be entitled to disclose your Personal Information to another party in the following circumstances:
    • Upon your request, after identifying yourself to us;
    • In accordance with an obligation or duty under law;
    • Pursuant to any applicable law;
    • For the purpose of collecting payments owed by you for the Services;
    • For our marketing and survey purposes, including participation in sales, offering benefits and providing notices, unless you notify us that you object to the foregoing.
    1. 11.4 It is agreed that we shall be entitled to inform you of Services and/or to provide you marketing information by means of your e-mail or another e-mail address belonging to you and/or by means of your Internet browser, via telephone, fax, SMS message or in any other manner. You may request that we cease sending you such marketing information. We shall request that the third party receiving your user information undertake to maintain confidentiality.
    1. 11.5 We shall protect your privacy with respect to messages which you send or receive via SMS messages, and shall not read or divulge to another party, nor make any use of the contents of the messages, except as required by law.
    1. 11.6 It is agreed that we shall be entitled to conduct general statistical surveys which do not contain Personal Information, with respect to your use of our technology.
    1. 11.7 We may record our telephone conversations with you in connection with the Services, and may use such recordings, inter alia, for the purpose of improving service.
  1. 12. Your Undertakings
    1. 12.1 It is agreed that by performing this Contract, you undertake, inter alia, the following obligations:
    • To effect all payments for the Products and/or Services in a timely manner.
    • To use the Products and/or Services in accordance with the provisions of any law, the provisions of the Agreement and the instructions of our representatives.
    • Not to assign and/or transfer your Track Rules and/or Discount Rules to another party and not to enable another party to use your track and/or discount, for or without payment.
    • Not to supply communication services using the Services provided to you under the Agreement, with or without a license, and for or without payment.
    • Not to use the Services and/or Products unlawfully and/or in violation of the law, and to indemnify us for any damage and/or loss and/or expense, including attorney fees, which are sustained by us and/or by a third party as a result of the prohibited use of the Services by you or anyone on your behalf.
    1. 12.2 "Prohibited Use" means the unlawful use of the Services provided to you, and, without derogating from the foregoing, includes the following:
    • Unlawful entry into computer material, sending computer viruses to other computers, and disrupting or interfering with other computers in contravention of law.
    • "Secret monitoring," including in inter-computer communication - in contravention of law.
    • Soliciting our users and/or Internet users via direct mail – in contravention of law.
    • Using encoding systems without the permission of security entities – in contravention of law.
    • Infringement of our intellectual property rights and/or those of other Internet users or of a third party, including the infringement of copyrights, trademarks and other similar intellectual property rights.
    • Publication in contravention of the provisions of the Prohibition of Defamation Law, 5725-1965.
    1. 12.3 In the event your country has enacted a law which places an age restriction on use of the Services, and you belong to such age group, then you are prohibited from using the Services and are enjoined to refrain from using them.
    1. 12.4 The provisions of this Section 12, including all subsections hereof, are fundamental conditions of the Agreement.
  1. 13. Liability
    1. 13.1 We shall make our best efforts to provide you the Services in an ongoing, sound and orderly manner. Notwithstanding, we shall not be responsible, inter alia, for factors beyond our control, including:

    • The sound working condition of your Internet foundations, electric network, communication network or equipment and/or the equipment and foundations by means of which you wish to receive the Services. It is clarified that such factors, which are beyond our control, are liable to affect the quality and security of the Services, and are liable to cause disruptions
      and/or delays in the transmission of messages, and disconnections and/or other mishaps in connection with the receipt of Services.

    1. 13.2 We do not provide security means to protect the Services and/or equipment used for receiving the Services against disruptions, mishaps or disconnections which are likely to be caused by other Internet users, such as viruses or hackers. In addition, we do not monitor and/or filter content, sites and/or any other activity on the Internet.
    1. 13.3 You shall be responsible for the content of the information, data and/or other communication which is transmitted by means of and as part of the Services. It is clarified that we shall not be responsible for, nor shall we bear any damage or liability for infringement of any intellectual property rights, including any infringement of copyrights, trademarks, trade secrets, patents, designs and/or defamation by you or against you as part of the use of the Services.
    1. 13.4 We shall not be responsible in the event an error occurs in the provision of the Services, an error in transmitting a telecommunication message or in the deletion thereof, or in the failure or delay in the transmission of a telecommunication message, or in the delivery of a telecommunication message to an incorrect address, unless the foregoing took place with the malicious intent of the Company, its employees and/or any workers on its behalf.
    1. 13.5 Neither we, nor our employees, nor anyone on our behalf shall be responsible for any indirect damage, including consequential or probable damage to you or to anyone on your behalf, as a result of or in connection with the supply, limitation, suspension or disconnection of the Services for any reason whatsoever.
    1. 13.6 Our liability towards you is limited to direct damage alone, if caused to you as a result of malicious intent or gross negligence on our part, and not exceeding the amount you paid for the Services during a consecutive period of three months preceding the date of the damage.
    1. 13.7 In the event you give your approval to our technical support representatives to operate your computer for the purpose of technical support, then we shall not be responsible for any damage which is caused as a result, unless caused intentionally and subject to Section 13.6 above.
    1. 13.8 Without derogating from the foregoing, it is hereby clarified that the dates for providing Services may be postponed as a result of each of the aforementioned factors, and the period of such delay or postponement shall not be considered to be a breach of any of our obligations towards you.
    1. 13.9 Without derogating from the foregoing, neither we nor anyone on our behalf shall be responsible for damage caused as a result of an action which we are permitted to perform in accordance with the law, the Agreement and/or instructions issued to us by a competent authority.
    1. 13.10 The Company reserves the right to remove and/or to edit any inappropriate correspondence of a sexual or racist nature and any other unlawful publication published on our Website, on the forum or in any other manner.
    1. 13.11 The Company reserves the right to restrict and/or to block users who violate these terms.
  1. 14. General
    1. 14.1 It is important to remember that emergency phone numbers, including the police department, ambulance, security services and hospitals, may not be dialed by means of the communication services, and that the communication services are not, in this respect, a substitute for your telephone services.
    1. 14.2 In the event you ordered Value Added Services, then, special conditions with respect to the provision of Value Added Services, as set forth on our Website, shall apply to you in addition to the terms of the Agreement.

    • This provision is a fundamental provision of the Agreement.

    1. 14.3 The Company may assign this Agreement and any right hereunder, including the right to collect and to receive monies, to any third party.
    1. 14.4 Any cancellation or determination with respect to the voidness of all or part of a term in this Agreement shall only apply with respect to such term or portion thereof, as applicable, and such cancellation or determination, in and of itself, shall not affect the binding effect of the Agreement or of another term therein.
    1. 14.5 We shall be entitled to modify the terms of this Agreement, including on the basis of a legal, technical, safety or commercial reason and subject to any applicable law. We shall inform you of any material modifications to the Agreement, and you shall be entitled, as a result, to provide notification of the termination of the Contract prior to the effective date of such modifications.
    1. 14.6 We shall be entitled to offset and/or to withhold any amount received from you in connection with this Agreement and/or any other agreement.
    1. 14.7 It is clarified that the English version of this Agreement, which appears on the Website: www.skuku.com shall be the binding version. In the event of any contradiction between the language of the original Agreement [in Hebrew] and the English version of the Agreement, then the English version of the Agreement shall be binding.
    1. 14.8 Subject to any law, I, the Customer, agree that the Contract documentation between the Company and me, and any other correspondence in connection with the supply of the Products and/or the electronic Services, shall be effected electronically (via the Internet or e-mail).
  1. 15. The Parties' Addresses and Notices
    1. 15.1 Notices sent to you shall be deemed to have been delivered within three business days after having been sent by mail. Notices delivered by hand or via e-mail or facsimile shall be deemed to have delivered upon receipt of confirmation of delivery or transmission, as applicable.
    1. 15.2 The details and address of the Company are as follows: ViGSM Ltd., 11 Ha'Odem Street, Petach Tikva 49170
    1. 15.3 Your address shall be as set forth on the Service Order and/or as last updated in our records in accordance with your request. You must inform us of any change in the address or other details you provided to us within 14 days of such change.
  1. 16. Jurisdiction
    1. 16.1 The laws of the State of Israel shall govern this Agreement, the interpretation thereof and any matter related to and/or arising therefrom, and the competent courts in Tel Aviv-Jaffa shall have sole jurisdiction over any dispute arising between you and us in connection with this Agreement, including with respect to the validity and breach hereof.
  1. 17. Your Consent to the Agreement

    • You hereby consent that you have read the above Agreement and understand the foregoing rights, obligations and terms. In the event you do not
      agree with the provisions of the above Agreement, do not approve the wording thereof, then, do not use the Services.

    • You consent to the foregoing terms by marking the space which confirms that you have read and consent to the terms. In addition, your decision to
      install the software for receiving the Services and/or Products is subject to your consent of the above terms.

    • We recommend that you print out the above terms and keep a written copy thereof.

    • The Agreement shall become effective as of your consent to the terms or when you commence use of the Products or Services, whichever is earlier,
      until you request to be disconnected from such Services.