App Terms and Conditions for Android
PLEASE READ THE FOLLOWING CAREFULLY BEFORE INSTALLING AND/OR USING THE APP.
By clicking the “ACCEPT” or “OK” button, or installing and/or using the Company mobile software application (the “App”) you expressly acknowledge and agree that you are entering into a legal agreement with Contacit Ltd. (“Company”, “we”, “us” or “our”), and have understood and agree to comply with, and be legally bound by these Terms and Conditions (the “Agreement”). You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law. If you do not agree to be bound by this Agreement please do not download, install or use the App.
<![if !supportLists]>1. <![endif]>Ability to Accept. By installing the App you affirm that you are over sixteen (16) years of age. If you are between the age of sixteen (16) and eighteen (18) years then, prior to installing the App, you must first review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand its terms and conditions and agree to them.
<![if !supportLists]>2. <![endif]>License. Subject to the terms and conditions of this Agreement, we hereby grant you a one user personal, limited, revocable, non-exclusive, non-sublicensable, non-assignable, non-transferable license (“License”) to: (i) download, install and use the App on a mobile telephone, tablet or device (each a “Device”) that you own or control; and (ii) access and use the App on that Device in accordance with this Agreement and any applicable Usage Rules (defined below).
<![if !supportLists]>3. <![endif]>License Restrictions. You agree not to, and shall not permit any third party to: (i) sublicense, redistribute, sell, lease, lend, rent or transfer to any third party the App or exceed the scope of the license set forth in section 2 above including use concurrently on two or more computers, or use in a local area network or other network without separate authorization by Company (ii) make the App available over a network where it could be used by multiple devices owned or operated by different people at the same time or use the App in any timeshare, hosting or service bureau arrangement or export the App in violation of any applicable laws or regulations; (iii) disassemble, reverse engineer, decompile, decrypt, or attempt to derive the source code of, the App; (iv) copy (except for back-up purposes), modify, improve, or create derivative works of the App or any part thereof; (v) circumvent, disable or otherwise interfere with security-related features of the App or features that prevent or restrict use or copying of any content or that enforce limitations on use of the App; (vi) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the App; (vii) use any communications systems provided by the App to send unauthorized and/or unsolicited commercial communications; (viii) use our name, logo or trademarks without our prior written consent; (ix) use the App to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement; and/or (x) represent that You possess any proprietary interest in the App. Any right not explicitly granted to You is reserved to Company.
<![if !supportLists]>4. <![endif]>Account. In order to use some of the App features you may have to create or use an account (an “Account”). If you create an Account, you must provide accurate and complete information for yourself. Your Account will be connected to the Software, which is separately licensed and being used by an applicable end user, and under such end users sole and exclusive liability towards You ("Software Licensee"). Such Software Licensee that has received a license from Company to make use of such Software and has given You permission to connect and make use of the Software with the App. This App enables Software Licensees to fully utilize the Software features, including for the recruitment and employment of users of the App. Through the App, as long as you have been permitted such access by Software Licensee, You will be able to connect to Software Licensees databases available in Software Licensee's account, which have been added and are managed solely by Software Licensee and at such Software Licensee sole and exclusive liability, as further detailed in the Software EULA http://www.ubeya.com/privacy/sw-eula/. Licensee is solely liable for any information added into the Account including all databases and can later remove, add or update as needed any information in the databases, including deleting access allowance to You or other specific App users at its sole discretion and without any liability of Company. As a user of the App, You will receive updates from the Software Licensees who added You to their users' database. You are solely responsible for the activity that occurs in Your Account, and You must keep Your Account password secure. You must notify us immediately of any unauthorized use of Your Account.
<![if !supportLists]>5. <![endif]>Usages Rules. If you are downloading the App from a third party mobile device platform or service provider (“Distributor”), please be aware that the Distributor may have established usage rules which also govern your use of the App (“Usage Rules”). In addition, please be aware of Third Party Terms and other Usage Rules which may be applicable depending on where the App has been downloaded from. You acknowledge that, prior to downloading the App from a Distributor, you have had the opportunity to review and understand, and will comply with its Usage Rules and any Third Party Terms. The Usage Rules and Third Party Terms that are applicable to Your use of the App are incorporated into this Agreement by this reference. You represent that you are not prohibited by any applicable Usage Rules and Third Party Terms and/or applicable law from using the App; if you are unable to make such a representation you are prohibited from installing and/or using the App.
<![if !supportLists]>6. <![endif]>Recruitment Process. When logged-into an Account, the App enables You to insert specific terms for recruitment for employment to a single or multiple events using a set of preferences. The App then interface with the Software in order to match Your preferences with Software Licensee requesting such services published by it. The App further enables you to appeal or reject certain offers found as a match. For the avoidance of doubt it is made clear that all information accessed through the App and/or the Software Licensee account, including any mistakes or inability to reply to recruitment requests, anything relating to such recruitment and/or event or not being chosen to a certain recruitment shall be at the sole liability of Software Licensee and all claims, complaints or questions should be dealt with directly between You and Software Licensee.
<![if !supportLists]>7. <![endif]>Third Party Sources and Content.
<![if !supportLists]>7.1. <![endif]>The App enables you to view, access, link to, and use content from Third Party Sources (defined below) that are not owned or controlled by us (“Third Party Content”). The App may also enable you to communicate and interact with Third Party Sources. “Third Party Source(s)” means: (i) third party websites and services; and (ii) our partners and customers, including Software Licensees.
<![if !supportLists]>7.3. <![endif]>We are not responsible for, and we expressly disclaim all warranties regarding, the accuracy, appropriateness, usefulness, safety, or Intellectual Property Rights (defined below) of, or relating to, any Third Party Content.
<![if !supportLists]>7.4. <![endif]>We do not endorse any advertising, promotions, campaigns, products, services or other materials that is included in any Third Party Content or that is communicated to you from a Third Party Source.
<![if !supportLists]>7.5. <![endif]>By using the App you may be exposed to Third Party Content that is inaccurate, offensive, indecent, or objectionable. You always have the choice of deciding whether or not to interact with a Third Party Source or to view and use Third Party Content. Your interaction with a Third Party Source and your use of, and reliance upon, any Third Party Content is at your sole discretion and risk.
<![if !supportLists]>7.6. <![endif]>You are solely responsible and liable for your interaction with a Third Party Source. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against Company, and release Company from any and all liability, arising from your use of and interaction on any Third Party Content and from your interaction with any Third Party Source. If you have any query or complaint regarding a Third Party Source or any Third Party Content, you agree to contact the Third Party Source directly.
<![if !supportLists]>8. <![endif]>Third Party Software. Portions of the App may include third party software that are subject to third party terms and conditions, including third party open source software (“Third Party Terms”). A list of any third party software and related Third Party Terms is available at http://www.ubeya.com/privacy/third-party. If there is a conflict between any Third Party Terms and the terms of this Agreement, then the Third Party Terms shall prevail but solely in connection with the related third party software. Notwithstanding anything in this Agreement to the contrary, Company makes no warranty or indemnity hereunder with respect to any third party software and You shall be fully and solely liable for abiding according to such Third Party Terms and indemnifying Company for any such claims against Company in relation to breach of such Third Party Terms by You or on Your behalf.
<![if !supportLists]>10. <![endif]>Use of the App in a Vehicle. If you are using the App in a vehicle, you agree: (i) to comply with all applicable traffic laws; and (ii) if you are the driver, not to use the App unless your vehicle is stationary and legally parked.
<![if !supportLists]>11. <![endif]>Intellectual Property Rights.
<![if !supportLists]>11.1. <![endif]>Ownership. The App is licensed and not sold to You under this Agreement and you acknowledge that Company and its licensors retain all title, ownership rights and Intellectual Property Rights (defined below) in and to the App (and all related software, including the Software). We reserve all rights not expressly granted herein to the App. “Intellectual Property Rights” means any and all rights, titles and interests in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, whether foreign or domestic.
<![if !supportLists]>11.2. <![endif]>Content. The: (i) content on the App, including without limitation, the text, information, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (the “Materials”), and the (ii) trademarks, service marks and logos contained therein (“Marks”, and together with the Materials, the “Content”), is the property of Company and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. “Company” and the Company logo are Marks of Company and its affiliates. All other Marks used on the App are the trademarks, service marks, or logos of their respective owners.
<![if !supportLists]>11.3. <![endif]>Use of Content. The Content on the App is provided to you “as is” for your personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the Content you must retain all copyright and other proprietary notices contained therein.
<![if !supportLists]>12. <![endif]>Payments.
<![if !supportLists]>12.1. <![endif]>The License granted hereunder is currently provided at no cost by Company but Company may decide at any time to charge for such License or use by written notification to You.
<![if !supportLists]>12.2. <![endif]>Please be aware that Your use of the App may require and utilize internet connection or data access. To the extent that third party service provider or carrier charges for Your internet or data usage are applicable, You agree to be solely responsible for those charges.
<![if !supportLists]>13. <![endif]>Information Description. We attempt to be as accurate as possible. However, we cannot and do not warrant that the content available on the App is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the content, or any part thereof without the requirement of giving you any notice prior to or after making such changes to the content.
<![if !supportLists]>15. <![endif]>Opting In to receive emails, newsletters and other promotional or marketing material. Your agreement to this Agreement as well as the providing of Your details to Company, through the App and/or creation of an Account is your affirmative consent to receive from us future newsletters, promotional, advertising, or other web site, product, service, software, app -related emails, or app push notifications. You may choose not to receive future promotional, advertising, or other web site, product, service, software, or app related emails from Company by selecting an unsubscribe link at the bottom of each email that we send. Please note that even if You opt out of receiving the foregoing emails, we may still send you a response to any “Contact Us” request as well as administrative emails (for example, in connection with a password reset request) that are necessary to facilitate Your use of the App, the Software and/or the Company websites.
<![if !supportLists]>16. <![endif]>Warranty Disclaimers.
<![if !supportLists]>16.1. <![endif]>THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
<![if !supportLists]>16.2. <![endif]>WE DO NOT WARRANT THAT THE APP WILL OPERATE ERROR-FREE, THAT THE APP IS FREE OF VIRUSES OR OTHER HARMFUL CODE OR THAT WE WILL CORRECT ANY ERRORS IN THE APP. YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET (SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS OR THAT THE OPERATION OF THE APP, INCLUDING ITS CONNECTION OR INTERACTION WITH THE SOFTWARE, WILL BE ERROR-FREE OR SECURE. COMPANY SPECIFICALLY STATES THAT APP IS HOSTED ON A THIRD PARTY SERVERS AND COMPANY SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY INTERRUPTION IN THE ABILITY TO MAKE USE OF THE SOFTWARE OR ABILITY TO ACCESS THE ACCOUNT, INCLUDING ANY LOSS OF DATA FROM THE ACCOUNT OR ANY OTHER DETAILS SAVED THEREIN. YOU SHALL BE FULLY AND SOLELY LIABLE FOR BACKING UP ANY INFORMATION ADDED INTO THE ACCOUNT OR USED WITH THE APP.
<![if !supportLists]>16.3. <![endif]>Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.
<![if !supportLists]>17. <![endif]>LIMITATION OF LIABILITY.
<![if !supportLists]>17.1.1. <![endif]>UNDER NO CIRCUMSTANCES SHALL COMPANY BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
<![if !supportLists]>17.1.2. <![endif]>IN NO EVENT SHALL COMPANY'S LIABILITY UNDER, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APP (INCLUDING IN CORRELATION WITH THE SOFTWARE), EXCEED THE AMOUNT PAID TO COMPANY UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRECEDING THE EVENT, AND IF NO SUCH PAYMENTS HAVE BEEN MADE, THAT DO NOT EXCEED $1.00 (ONE) US DOLLAR.
<![if !supportLists]>17.1.3. <![endif]>NOTWITHSTANDING THE ABOVE, UNDER NO CIRCUMSTANCES SHALL COMPANY BE LIABLE FOR ANY DAMAGE, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES THAT ARISE UNDER, AS A RESULT OF OR IN CONNECTION WITH: (I) THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE THE APP (WHETHER ALONE OR TOGETHER WITH THE SOFTWARE) INCLUDING ANY DAMAGE THAT MAY BE CAUSED BY, DUE TO OR IN RELATION TO THE UNTIMED BOOKINGS, OR DAMAGES CAUSED BY BOOKINGS, MISTAKES IN SALARIES, MISTAKES IN DATA INSERTED, OR INABILITY TO BOOK THROUGH THE APP, ANY CLAIMS OR DAMAGES BY OR TO COMPANY OR BY OR TO THIRD PARTIES REGARDING SERVICES BOOKED USING THE SOFTWARE, THE APP OR ANY OTHER SERVICES RELATED THERETO INCLUDING DAMAGES CAUSED BY DATA, HOURS, SALARIES OR BOOKINGS OR INABILITY TO ENTER DATA, HOURS, SALARIES OR BOOK THROUGH THE APP (INCLUDING IN RELATION TO THE SOFTWARE); (II) THE RECRUITMENT OF EMPLOYEES, SERVICE PROVIDERS, CONSULTANTS OR PERSONNEL BY THE SOFTWARE LICENSEES OR AS A RESULT OF ANY ASPECT OF EMPLOYEES , SERVICE PROVIDERS, CONSULTANTS OR PERSONNEL EMPLOYMENT OR RECRUITMENT BY THE SOFTWARE LICENSEES INCLUDING ANY BUGS IN THIS PROCESS CAUSED OR RELATED TO THE SOFTWARE OR THE APP AND ANY CLAIMS OR DAMAGES BY OR TO YOU OR THIRD PARTIES REGARDING SERVICES, INCLUDING BY SOFTWARE LICENSEES, PROVIDED OR TO BE PROVIDED USING THE APP (INCLUDING IN CORRELATION WITH THE SOFTWARE) OR ANY OTHER SERVICES RELATED THERETO (III) THE SOFTWARE LICENSEE APPEAL OR REJECT OF CERTAIN REQUESTS AND OFFERS BY YOU OR OTHER APP USERS AS PART OF THE RECRUITMENT PROCESS.
<![if !supportLists]>17.1.5. <![endif]>WITHOUT DEROGATING FROM THE ABOVE, AND IN ORDER TO CLARIFY, SOFTWARE LICENSEES SHALL BE SOLELY RESPONSIBLE AND LIABLE FOR THE RECRUITMENT AND/OR EMPLOYMENT OF THE EMPLOYEES, SERVICE PROVIDERS, CONSULTANTS OR PERSONNEL THROUGH THE APP AND ALL ACTIONS OR SERVICES PROVIDED OR NOT PROVIDED, BASED ON, IN RELATION TO OR WITH THE USE OF THE SOFTWARE OR THE APP (INCLUDING AS USED IN CORRELATION WITH THE SOFTWARE) AND INCLUDING, WITHOUT DEROGATING FROM THE GENERALITY OF THE ABOVE, ALL PAYMENTS OR RECRUITMENTS RELATED THERETO.
<![if !supportLists]>17.1.6. <![endif]>IF YOU HAVE A DISPUTE WITH ANY OTHER APP USER OR SOFTWARE LICENSEE, YOU AGREE THAT WE ARE NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE.
<![if !supportLists]>17.1.7. <![endif]>THE PARTIES AGREE TO THE ALLOCATION OF LIABILITY RISK WHICH IS SET FORTH IN THIS SECTION.
<![if !supportLists]>18. <![endif]>Indemnity. You agree to defend, indemnify and hold harmless Company and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of, or inability to use, the App (whether alone or together with the Software); (ii) your violation of this Agreement, the Third Party Terms or the Usage Rules; (iii) negligence or willful misconduct and (iv) your violation of any third party right, including without limitation any copyright, property, or privacy right, including Software Licensee account or databases therein; (v) every aspect of your employment or recruitment (or non employment or non recruitment) as a result of using the App, including but not limited, your recruitment, payments of salaries, social benefits and any compensation required under any law, and your protection, safety, health and welfare; (vi) Your appeal or rejection of an employment or recruitment offer as part of the Recruitment Process further described herein and all of the above, also including but not limited, untimed or damages caused by bookings or inability to book through the App, any claims or damages by or to Software Licensee or by or to third parties regarding services booked using the App or the Software or any other services related thereto, or any claims of any App user, as well as from Your failure to comply with the terms in this Agreement.
Without derogating from or excusing your obligations under this section, we reserve the right (at your own expense), but are not under any obligation, to assume the exclusive defense and control of any matter which is subject to an indemnification by you if you choose not to defend or settle it. You agree not to settle any matter subject to an indemnification by you without first obtaining our express approval.
<![if !supportLists]>19. <![endif]>Updates and Upgrades. We may from time to time provide updates or upgrades to the App (each a “Revision”), but are not under any obligation to do so. Such Revisions will be supplied according to our then-current policies, which may include automatic updating or upgrading without any additional notice to you. You consent to any such automatic updating or upgrading of the App. All references herein to the App shall include Revisions. This Agreement shall govern any Revisions that replace or supplement the original App, unless the Revision is accompanied by a separate license agreement which will govern the Revision.
<![if !supportLists]>20. <![endif]>Term and Termination.
<![if !supportLists]>20.1. <![endif]>This Agreement is effective until terminated by Us or You. We reserve the right, at any time, to: (i) discontinue or modify any aspect of the App; and/or (ii) terminate this Agreement and Your use of the App with or without cause, and shall not be liable to You or any third party for any of the foregoing. If you object to any term or condition of this Agreement or any subsequent modifications thereto, or become dissatisfied with the App in any way, your only recourse is to immediately discontinue use of the App.
<![if !supportLists]>20.2. <![endif]>Upon termination of this Agreement, You shall cease all use of the App. This Section and Sections 11 (Intellectual Property Rights), 14 (Privacy), 15 and 16 (Warranty and Warranty Disclaimers), 17 (Limitation of Liability), 18 (Indemnity), and21(Assignment) to 24 (General) and any other section that by its nature shall survive termination of this Agreement, shall survive termination.
<![if !supportLists]>21. <![endif]>Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by You but may be assigned or transferred by Us without restriction or notification.
<![if !supportLists]>22. <![endif]>Modification. We reserve the right to modify this Agreement at any time by sending you an in-App notification and/or publishing the revised Agreement on the App. Such change will be effective ten (10) days following the foregoing notification thereof or posting of such notification, and your continued use of the App thereafter means that you accept those changes.
<![if !supportLists]>23. <![endif]>Governing Law and Disputes. This Agreement shall be governed by and construed in accordance with the laws of the State of Israel without regard to its conflict of laws rules. You agree to submit to the personal and exclusive jurisdiction of the courts located in Tel Aviv-Yaffo, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. Notwithstanding the foregoing, we may seek injunctive relief in any court of competent jurisdiction.
Last updated: August 25 2017