Welcome to the Gibly App, operated by Gibly Ltd. (“the Company”). Access to and use of the App, including use of the various services offered therein, are subject to the terms and conditions detailed below (“the Terms”). Therefore, please read these Terms carefully. By registering for or using the App, you indicate your consent to these Terms. These Terms are drafted in the masculine form for convenience only and refer to both masculine and feminine forms. Likewise, any reference to the singular also refers to the plural, and vice versa. Gibly reserves the right to change these Terms at any time, at its sole discretion.
2.1. The App enables you to improve the quality and efficiency of using Gibly’s various services, including but not limited to:
3.1. Use of the App may be subject to registration. To register, you may be required to provide details such as phone number, name, and other information as needed from time to time. Additional information may be requested to perform various actions through the App.
3.2. It is emphasized that any data you provide will be stored in a database owned by Gibly only for the period necessary and reasonable for the purposes for which it was collected, at Gibly’s sole discretion, or until a specific request is received for its deletion.
4.1. Gibly enables users of the App to pay for products or services offered in its convenience stores and restaurants by paying the amounts listed next to each item, subject to the transaction terms indicated near each item (“the transaction”), as follows:
4.1.1. By means of a valid credit card that can be processed by one of the legally operating credit card companies in Israel. To do this, you must enter your credit card details and payer details in the designated fields in the App, including your ID number. You must also select an identification method (e.g., fingerprint or a 4-digit personal code). After entering and submitting the required information, you will receive a confirmation that your payment details have been received by the App. The transaction will be considered final only after your credit card details have been verified and approval is received from the credit card company. For the avoidance of doubt, receiving the confirmation does not constitute proof of the transaction’s completion.
5.1. The user cannot cancel or withdraw an order for products or services after it has been placed, unless otherwise stated in these Terms of Service. Before placing an order, you must carefully review your selection.
5.2. Notwithstanding the provisions of Section 5.1, cancellation of a transaction shall be carried out in accordance with the Consumer Protection (Cancellation of Transactions) Regulations, 2010, and the Consumer Protection Law, 1981. A consumer has the right to cancel an order for products within 14 days from the date of receipt of the products, except in cases stipulated by law where a longer cancellation period is allowed (for example, for people with disabilities). In the event of a defect, damage, or non-conformity with the ordered item, the Company may request documentation of the defect for verification purposes.
5.3. Restrictions on the right of cancellation under consumer protection laws apply to purchases made through Gibly’s service. Certain products (such as perishable food items or goods manufactured specifically based on a personal order) may be excluded from the right of cancellation. These items cannot be returned after purchase, so you should carefully check your selection before placing the order.
5.4. To exercise your right of cancellation, you must send a written notice to one of Gibly’s contact channels within 14 days of receiving the products. The notice must include full transaction details, such as order number, date, and the specific product for which the cancellation is requested. You may return the product to the supplier’s point of sale listed on the invoice or the order confirmation.
5.5. If you cancel your purchase agreement, you will be refunded the payments you made for the products and/or any services in respect of which you submitted a cancellation notice, according to the provisions of the law and subject to the timelines of the credit card company. If you are entitled to a refund that has not yet been issued, you may contact the credit card company to expedite the process. In the event of a cancellation that is not due to a defect or non-conformity, you will be charged a cancellation fee of 5% of the product price or 100 NIS, whichever is lower.
5.6. The refund will be made using the same payment method used at the time of purchase, unless otherwise agreed. If the payment was made using Gibly credits, the refund will also be made in Gibly credits.
5.7. Products eligible for return must be returned as soon as possible after cancellation of the order, and no later than 14 days from the date of the cancellation notice, to the partner’s point of sale from which the order was made. You must not use the products, and they must be kept in proper condition and in their original packaging.
5.8. The user is responsible for paying any costs associated with returning the products. A product that has been used cannot be returned, and it must be in a condition that allows for its resale. You must keep the product in proper condition and pack it in its original packaging or in a similar manner. You are responsible for any damage or depreciation in the product’s value while it is in your possession, including if the product is returned after use, opened or damaged packaging, or any physical damage, spoilage, or defect. A consumer’s right to cancel a transaction does not detract from the partner’s and/or Gibly’s right to claim damages in the event a returned product has depreciated in value as described above.
5.9. It is clarified that product exchanges will only be possible if the partner’s policy, as published on Gibly’s service, permits it, and only at the partner’s place of business as designated by the partner.
6.1. All rights of any kind, including intellectual property rights, in the App, its contents, designs, applications, rules, and other components, as well as any invention, improvement, innovation, development, discovery, modification, or creation related to trade secrets and trademarks (including applications for registration), are reserved.
6.2. Gibly grants you a limited, non-exclusive, non-transferable, and non-assignable license for your personal use of the App and Gibly’s content, solely for the purposes described in the App and in these Terms, and subject to all other provisions herein.
6.3. Apple is not responsible for any investigation, defense, settlement, or resolution of any claim that Gibly’s iOS App or your use thereof infringes the intellectual property rights of any third party.
6.4. Gibly may change these Terms at any time, and users are required to remain informed of any such changes.
7.1. These Terms of Service remain in effect as a binding agreement between Gibly and the user until further notice, as long as the user continues to use Gibly’s service.
7.2. The user may discontinue use of Gibly’s service at any time. Gibly may, at any time, discontinue its services temporarily or permanently.
8.1. Any delivery time, pick-up time, or other time estimates provided to the user by the partner or by Wolt through Gibly’s service are estimates only. There is no guarantee that the order will be supplied, or ready for pick-up or consumption, at the estimated time. Delivery times may be influenced by factors such as traffic, peak hours, and weather conditions.
9.1. If the user orders the partner’s products for delivery through Gibly’s service, the order will be delivered to the location the user approves in the Gibly service. The user must provide the exact address of the approved location in the Gibly service. If you request your order to be left outside your door, please note that the order shall be considered delivered once it is left at your door and after the courier marks it as delivered. From that point onward, you bear any risk regarding the products in the order.
9.2. The user must be available to receive phone calls at the number provided to Gibly’s service. If the provided phone number cannot be reached, the partner or Gibly may cancel the delivery, and the user (or the customer’s organization) may be charged the full price of the order. (This section does not apply to users located in Slovenia.)
9.3. The user may place an immediate order, which will be delivered as soon as possible (standard delivery method), or pre-order delivery for a specific time, if such options are offered in Gibly’s service at the time of ordering.
9.4. Standard Delivery: The user must be present at the approved delivery location specified in the order from the time of placing the order until the products are received. If the user is not present at the approved location within five minutes of the courier’s arrival and does not respond after two attempts by the courier to contact them, Gibly or the partner may cancel the delivery, and the user (or the customer’s organization) may be charged the full price of the order.
9.5. Pre-order Delivery: The user must be present at the approved location about ten minutes before the scheduled delivery time stated in the pre-order and remain there until the order is delivered in order to receive it.
