Terms & Conditions

Cherries Terms & Conditions

WELCOME TO GOCHERRIES.APP

Please read these Terms and Conditions (“Agreement" or “Terms") carefully before using the Cherries website (“Platform") and/or use our applications and services (collectively, “Services"). As used in these Terms, the terms “Cherries", “we", “us", “our", refer to Takin Financial Instruments Ltd. (hereinafter the “Company” or “TFI”), an Israeli Corporation, and the terms “you", “your" refer to you, the Users of our Platform and Services. By using any of our Services, you agree to be bound by, and use our Services in compliance with these Terms of and Conditions.

If you do not consent to any of the terms in this Agreement, you are not authorized to use the Platform.

The content (as defined hereinafter) is not intended to be used as a consultation or recommendation to purchase, sell or perform any other action whatsoever in relation with securities or other financial instruments. “Content” means the information, processes, calculations, analyses, methods, numerical results, Platform results, manners of presentation, explanations, and displays on the Platform and on the websites of the Platform, the entire tutorial process, the landing pages, displays of the Platform and results on social media of any type such as Facebook, LinkedIn, Twitter, etc.

Investing is complex. In order to thoroughly understand the methods of investment, the risks, our Platform is not sufficient. The Platform does not constitute a replacement for a proper education on the risks inherent in investing.

The Company shall not be liable in any way whatsoever, directly or indirectly, for any damage, loss and/or deficiency of any type, supposedly or actual, that is caused or may be caused to users and/or to any third party whatsoever, who use the Platform.

Use of the Platform is not a substitute for receiving the personal consultation necessary to manage investments and build investment portfolios from qualified professionals.

The Company does not possess a license in any jurisdiction to provide investment consulting and/or manage portfolios, and does not purport to engage in investment consulting. The platform shall not be viewed as consulting or solicitation to conduct a specific transaction involving securities or otherwise, and anyone who does so is acting based on his or her sole discretion only.

Without derogating from the above, the Company is not liable, in any case, for the numeric or descriptive or graphic information of any type that appears on the Platform or upon which the Platform is based, being precise, correct, or complete. This disclaimer also applies to the calculation results produced by the Platform, as well as the information and manner of display of advertisements from external entities that the Platform displays as an accompanying service.

Use of the platform constitutes consent to the terms stated above and below, and a waiver of any claim and/or demand and/or suit regarding the nature of the Platform and its Services and/or against the Company in connection with the use of the Platform.

All of the copyrights and the intellectual property rights for the processes involved in producing the results of the Platform, its unique logo, the Company’s logo and designs, and the designs, text, explanations, schematics, chart, graphic and electronic displays that are displayed on the internet and/or other media on the Platform, and on the Company’s general corporate website, are owned by the Company. The Company reserves the right to remove, add, change, cancel and replace content and graphic displays on the Platform, as well as any advertisement or tutorial related to it, without the provision of any prior notice whatsoever, based on its sole discretion.

The user is solely and fully responsible for its own use of the Platform.

The Company provides no assurance that the User’s needs and objective are appropriate for use of the Platform. The Company is not liable to the user for his/her inability to use Platform for any reason whatsoever. The User must consider whether trading securities and financial instruments is suitable to his/her needs and capabilities.

The User must be aware that some of the information and manner of display of publications is from external sources, which the Platform displays as an accompanying. In addition, he/she must be aware that the Platform derives some of its data from various websites around the world via computer systems and media networks, and therefore: (1) the aforementioned broadcasts and records may stop and/or be disconnected without any prior warning and for reasons not related to the Company at all; (2) there is no computerized system, the Platform included, that is completely free of malfunctions, bugs, the need for updates and the like, and that the Platform shall not be liable regarding the occurrence of such events and their impact on the User’s use of the Platform; (3) the Company shall not be liable for any damage of any type that the User suffers or any external event that impacts the Platform but is beyond the Company’s control.

Takin Financial Instruments Ltd. is a private, limited liability company that incorporated under the laws of the State of Israel, and its address is 7 Imber Street, Kiryat Arye Industrial Zone, Petah Tikva, Israel.

TFI is the developer and owner of the Platform, according to this term’s definition below. The Platform’s commercial name is Cherries and may change in the future.

The Cherries Platform operates as a paid cloud service platform on its own designated internet website. The Platform offers its services to the general public based on the price lists published on the Company website and on its secondary websites on Facebook and similar sites.

To utilize the Platform’s services, and work on the Platform’s website, the user must purchase a license for use (“License”).

License to Use Cherries

To work with the Platform on the website, a working License must be purchased.

Purchasing a License to Use Cherries

A License shall be purchased with a valid credit card. The cost of the Licenses to use Cherries is required in advance.

Use of Coupons

From time to time, the Company will provide its customers with coupons. These coupons shall be used by the Users as means of payment for purchasing Licenses. The coupon must be utilized by the expiration date written on it. After the expiration date, the coupon will expire and will not be usable or provide any benefit whatsoever.

The use of coupons to make payments as described in this Use of Coupons section does not require the provision of credit card details or any method of payment, and the instructions for its use may be found on the Company website.

Cancellation Policy and Monetary Refunds

There shall not be monetary refunds after purchase of the License.
There shall not be any monetary refund whatsoever, in full or in part.
There shall not be any monetary refund for use during a portion of the period or use of a portion of the full usage License.

Full Platform Offered With Purchase of a License

The content of the Licenses that a User can purchase will appear in the price list and specify the periods of usage and additional variable parameters. The content is offered in clear and binding compositions with representative commercial names, and appears in a limited number of compositions. After choosing the type of License from the content selected, the process for payment for the License purchase may be executed.

The License is issued after payment is executed via the process described on the website and managed through PayPal. The license specifies the period of use and number of investment portfolios that can be saved on the cloud on behalf of the User.

Source of Prices of Securities

Cherries provides the prices for the securities from various stock exchanges around the world. Securities traded on the following stock exchanges are available to Platform customers: AMEX, NYSE, NASDAQ from the United States, and securities traded on the Tel Aviv Stock Exchange – TASE.

Terms of the License

Takin hereby grants the User a limited License as described above, and this License shall not limit TFI from granting Platform Licenses to other users.
This License is personal and does not authorize the User to grant a secondary License to others.
Financial services, information services, consultation, brokerage and/or stock market services whatsoever, commercial publications or publications not for payment or otherwise, and anything related shall not be provided in any manner unless the Licensor authorizes such in writing.
The License combines the number of stock exchanges where the securities are traded, chosen by the User from the list of stock exchanges accessed by the Platform, with the periods of use of the License to operate the Platform and the number of portfolios that can be saved and managed on the cloud.
The Platform grants the Customer access to only some of the securities traded on the stock exchanges that he/she purchased. These securities are selected by the Platform from the strongest (defined below) securities out of all of those traded on that particular stock exchange.

The Platform classifies all of the securities in the database of the stock exchanges accessed according to their strength, as aforementioned, by using an algorithm that calculates their level of risk and the average yield and daily monetary turnover of each security on the stock exchange accessed. Currently, this includes a total of 250 securities from each stock exchange. For example: for those who purchase a License with 4 stock exchanges, the strongest 1,000 securities will be included – 250 from each stock exchange.
The number of stock exchanges included in the License may be chosen by the paying User, from the database of stock exchanges accessed by the Platform. This number may change from time to time, and the securities from at least two stock exchanges can be purchased with a License - this will be referred to as the “Basic Package.” Any number of stock exchanges beyond the two stock exchanges in the Basic Package shall be priced according to the additional stock exchanges price list that appears on the website.
The cost of purchasing each additional stock exchange beyond those included in the License shall appear on the designated price list. The cost of adding stock exchanges to the License and/or creating it shall change from time to time, but for those with a valid License, the elements included in the License will not become more expensive.
It is possible that the cost for adding a particular additional stock exchange, as occasionally published on the price list and/or on the Cherries website, will be different than the cost of adding other stock exchanges from the database accessed by the Platform.
All arrangements and provisions regarding the License and its contents are subject to change from time to time based on TFI’s judgement.

6. At the end of the License period or during the course of the period:

The User may renew or add an additional period according to the instructions and alternatives specified in the price list published on the Platform’s website.
The cost of adding a stock exchange/stock exchanges during the period of the License is priced according to the information specified on the website as a relative part of the period remaining from the valid License.
In the event that the Customer has fundamentally breached any of the terms of this agreement, TFI shall be entitled to notify the Customer of the cancellation of this Agreement immediately, without prior notice.
The Agreement can also be terminated by provision of prior written notice of 30 days from TFI to the Customer for any reason whatsoever.
Notices to the Customer, including warnings regarding a breach of the License terms, shall be sent to the e-mail address provided by the Customer at the time of purchase, and this delivery shall be considered as received by the Customer.

7. Trading of bonds is not part of the contents of the Platform.

8. The words “purchase” or “buy” in this Agreement shall only refer to provision of a License to use the Platform.

The Platform and its Use

The Platform builds security investment portfolios based on mathematical processes performed by computers only. Factors that are considered are the level of risk that the User has selected, the source of the securities from which the Platform will build the requested portfolios, but only after these securities have been filtered, scanned and undergone additional quantitative selections, and based on the maximum permitted number of securities that can be found in each portfolio built by the Platform - a number that is specified in the License unique to the Customer and/or which has been published on the Platform.
The names of the stock exchanges, the sources of the securities, and the maximum permitted number of securities in each portfolio built by the Platform based on the User’s requirements, and additional quantitative components that are unique to each User are determined by the User during the process of purchasing the Platform from the Company’s designated website: www.gocherries.com. Immediately following receipt of the License, the User can activate it by entering the Platform, which is found on the internet at: www.gocherries.app.
It is possible that the website addresses for operating the Platform, accessing the Company website, and any other media related to the aforementioned Features may be changed from time to time. Notice regarding these changes will be published on the Company website and/or its publications.
The manner of use of the Platform by the User and processes by which the Platform operates shall be specified in the documentation and operating explanations that TFI shall provide to the User regarding the Platform, on the website.
TFI is not liable in any way for the results of the use of the Platform, and the work processes described above and in the Help Center as well as those displayed on the website do not constitute a substitute for professional advice.
After the acquisition of a License, TFI shall provide the Customer with access to the explanations and tutorials regarding the manner of use of the Platform and understanding its processes. It shall also provide access to relevant professional articles, videos and/or demonstrations that TFI shall provide for its Customers from time to time.

The Platform and the Company may provide information, articles, and blogs to be displayed and operated via regular social media outlets, but with regard to the License, only the terms of the legal documents: Terms and Conditions and Privacy Policy shall be binding.
The Platform can be operated and reviewed from personal computers, smartphones, and tablets.
The User is aware that the Platform is not free of all malfunctions, bugs, crashes, and the like. The Platform and its updates are provided on the website without an explicit or implicit obligation regarding success, yield, and/or results
The Platform is not a substitute for professional advice.
Use of the Platform by the User shall be under the Customer’s own discretion, responsibility and supervision.
The Customer hereby agrees to bear the financial risk of his or her results from operating the Platform. TFI does not assume any responsibility or liability regarding the Platform’s performance and/or financial loss that the Customer may suffer, if applicable.
The Customer is aware that the Platform is based on stock exchange and trading data from different stock exchanges around the world, as well as on data received from third parties. The data may be incomplete and as a result, all of the results, displays and data upon which the Platform bases the generation of its results could be inaccurate. Correspondingly, the Customer hereby waives any claim, demand or lawsuit against TFI regarding any loss or damage caused to him or her as a result of mistaken or incomplete data and the derivatives of such data.
The Customer is aware that the Platform may be subject to technical problems. The Customer agrees that he or she will not bring any claim, demand or lawsuit against TFI regarding technical interferences, environmental conditions or any other factor that could delay, distort or freeze the use of the Platform.

Consideration

The monetary consideration for the Platform License (the “Consideration”) under this Agreement shall be paid by the Customer to TFI as specified in the Purchasing Process described on the Company’s website.
The Customer undertakes to pay the Consideration to TFI using the payment clearing services specified on the website.

This Agreement grants the Customer the right to use the Platform for a limited period of time with limitations on the volume of data and sources, as specified in the License that he/she purchased. The Customer shall not be entitled to any other right of any type whatsoever with regard to the Platform.
Any information, whether oral, written or via any other media, that the Customer shall receive (the “Information”), and specifically with regard to the Platform, is and shall remain at all times the exclusive property of TFI and is protected by copyright laws. The Customer undertakes not to use the Information in any way other than for the purposes of this Agreement and in accordance with the terms of this Agreement alone.
The License to use the Platform is provided to the Customer by TFI as a personal License only for his or her private objectives. The Customer undertakes, regarding all possible types of media, not to copy, duplicate, distribute, reverse engineer, publicly present, permit use, give to a third party, sell, lease, or give any other right, fully or partially, to the Platform, its components, the Platform code, use of the Platform or any of the aforementioned Information, and undertakes not to use any of the above in any manner that does not comply with the License, or any use that contradicts any law.
At the end of the period of the License, and if the License is not renewed by the User, the right to continue to work with the Platform shall be terminated.

Limitation of Liability

TFI shall not be liable for coincidental, consequential, or other damages, including but not limited to damages of profit, loss, loss of secret or other information, interference with business operations, corporal damage, loss of privacy, negligence and any financial or other loss, resulting from or related in any way to the use or the inability to use the Platform, or related to the provision or failure to provide support services, or related in any other manner to a section in this License agreement, even in the case of a flaw, wrongdoing (including negligence), severe liability, breach of contract or breach of responsibility by TFI, and even if TFI was warned of the possibility of the occurrence of such damages.
Despite the aforementioned, in the event that, for any reason whatsoever, an authorized judicial court conclusively, with no appeal, determines that TFI is responsible for damages ensued by a Customer as a result of executing this agreement, TFI’s responsibility for indemnification shall be limited to the sum that the Customer actually paid to TFI in connection with this agreement during the 6 months that preceded the date of the alleged event of the damage claimed.

Repairing Malfunctions and Updates

It is hereby emphasized and clarified that the results of the Platform and its operation are based on:

Hundreds of thousands of data combinations, preset limitations and alternatives in creating the requirement sets for the Platform, combinations of securities to create different investment portfolios, rates of the securities from the stock exchanges accessed by the Platform from several years back, statistical calculations for each database of rates of securities in the Platform, and combinations of calculation conditions set by the User for the Platform during the course of its work. Before the Customer draws a conclusion regarding the existence of a Platform malfunction, and after he/she sees that he/she did not receive satisfactory answers to his/her inquiry via the online help center - support.gocherries.com, and before he/she requests help and repairs from TFI, and on condition that this request for assistance is not answered on the Platform’s instructional website, he/she must follow the following procedure, the main points of which, but not the entire process, appear below.
For any inquiry sent by a Customer to TFI to repair an alleged malfunction related to calculations, results or display, he or she must: (a) Technically repeat all of the processes in the order of their performance, as the User performed them prior to the appearance of the malfunction. (b) If the malfunction repeats the same order of performance, the User must check whether a solution appears on the Cherries website in the FAQ section or in the Help section of the Platform or in the Tutorial for the Platform or in articles, instructional videos and guidelines on the website and the Platform.
TFI will occasionally make improvements and update the Platform, and it shall give notice of such within less than 72 hours via the website or by notifying the Customer.
Full Agreement: This Agreement (including any appendix or supplement to this agreement which are included in the Platform product) constitutes the full agreement between you and TFI regarding the Platform product and support services (if relevant), and it prevails over any notice, offer or representation, prior or current, oral or written, regarding the Platform product or any other matter discussed in this agreement. If any of the terms of TFI’s policies or programs regarding support services shall contradict the terms in this Agreement, the terms of this Agreement shall prevail.
Place of Jurisdiction and Authority: The court in Tel Aviv-Yafo shall have the power to decide any dispute that may arise between the parties in connection with the execution and/or interpretation of this agreement.