TERMS OF SERVICES
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS
IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
Last Revised: 2022-10-22 04:03:19
1. OVERVIEW
This Terms of Service Agreement ("Agreement") is entered into by
and between Domestic Employment LTD, registered address Elyachin, 3890800,
State of Israel ("Company") and you, and is made effective as of
the date of your use DoEmploy mobile application and/or agency.doemploy.app
website.
As used herein and except as expressly excluded, the term "Application"
refers to doemploy.app, as well as any other website, web page, mobile
application, or any other software product owned by Domestic Employment LTD.
This Agreement sets forth the general terms and conditions of your use of
the products and/or services
purchased or accessed through this Application (the
"Services").Whether you are simply browsing or using this
Application or purchase Services, your use of this Application and your
electronic acceptance of this Agreement signifies that you have read,
understand, acknowledge and agree to be bound by this Agreement our
Privacy policy. The terms "we", "us" or "our" shall refer
to Company. The terms "you", "your", "User" or
"customer" shall refer to any individual or entity who accepts
this Agreement, uses our Application, has access or uses the Services.
Nothing in this Agreement shall be deemed to confer any third-party rights
or benefits.
Company may, in its sole and absolute discretion, change or modify this
Agreement, and any policies or agreements which are incorporated herein, at
any time, and such changes or modifications shall be effective immediately
upon posting to this Application. Your use of this Application or the
Services after such changes or modifications have been made shall constitute
your acceptance of this Agreement as last revised.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT AS LAST REVISED, DO NOT
USE (OR CONTINUE TO USE) THIS APPLICATION OR THE SERVICES.
2. ELIGIBILITY
This Application and the Services are available only to Users who can form
legally binding contracts under applicable law. By using this Application or
the Services, you represent and warrant that you are (i) at least eighteen
(18) years of age, (ii) otherwise recognized as being able to form legally
binding contracts under applicable law, and (iii) are not a person barred
from purchasing or receiving the Services found under the laws of the Israel
or other applicable jurisdiction.
If you are entering into this Agreement on behalf of a company or any
corporate entity, you represent and warrant that you have the legal
authority to bind such corporate entity to the terms and conditions
contained in this Agreement, in which case the terms "you",
"your", "User" or "customer" shall refer to
such corporate entity. If, after your electronic acceptance of this
Agreement, Company finds that you do not have the legal authority to bind
such corporate entity, you will be personally responsible for the
obligations contained in this Agreement.
3. RULES OF USER CONDUCT
By using this Application You acknowledge and agree that:
- Your use of this Application, including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.
You will not use this Application in a manner that:
- Is illegal, or promotes or encourages illegal activity;
- Promotes, encourages or engages in child pornography or the exploitation of children;
- Promotes, encourages or engages in terrorism, violence against people, animals, or property;
- Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
- Infringes on the intellectual property rights of another User or any other person or entity;
- Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
- Interferes with the operation of this Application;
- Contains or installs any viruses, worms, bugs, Trojan horses, Cryptocurrency Miners or other code, files or programs designed to, or capable of, using many resources, disrupting, damaging, or limiting the functionality of any software or hardware.
You will not:
- copy or distribute in any medium any part of this Application, except where expressly authorized by Company,
- copy or duplicate this Terms of Services agreement, which was created with the help of the TermsHub.io and the Terms and Conditions Generator,
- modify or alter any part of this Application or any of its related technologies,
- access Companies Content (as defined below) or User Content through any technology or means other than through this Application itself.
4. INTELLECTUAL PROPERTY
In addition to the general rules above, the provisions in this Section apply
specifically to your use of Companies Content posted to Application.
Companies Content on this Application, including without limitation the
text, software, scripts, source code, API, graphics, photos, sounds, music,
videos and interactive features and the trademarks, service marks and logos
contained therein ("Companies Content"), are owned by or licensed
to Domestic Employment LTD in perpetuity, and are subject to copyright,
trademark, and/or patent protection.
Companies Content is provided to you "as is", "as
available" and "with all faults" for your information and
personal, non-commercial use only and may not be downloaded, copied,
reproduced, distributed, transmitted, broadcast, displayed, sold, licensed,
or otherwise exploited for any purposes whatsoever without the express prior
written consent of Company. No right or license under any copyright,
trademark, patent, or other proprietary right or license is granted by this
Agreement.
5. YOUR USE OF USER CONTENT
Some of the features of this Application may allow Users to view, post,
publish, share, or manage (a) ideas, opinions, recommendations, or advice
("User Submissions"), or (b) literary, artistic, musical, or other
content, including but not limited to photos and videos (together with User
Submissions, "User Content"). By posting or publishing User
Content to this Application, you represent and warrant to Company that (i)
you have all necessary rights to distribute User Content via this
Application or via the Services, either because you are the author of the
User Content and have the right to distribute the same, or because you have
the appropriate distribution rights, licenses, consents, and/or permissions
to use, in writing, from the copyright or other owner of the User Content,
and (ii) the User Content does not violate the rights of any third party.
You agree not to circumvent, disable or otherwise interfere with the
security-related features of this Application (including without limitation
those features that prevent or restrict use or copying of any Companies
Content or User Content) or enforce limitations on the use of this
Application, the Companies Content or the User Content therein.
6. COMPANIES USE OF USER CONTENT
The provisions in this Section apply specifically to Companies use of User
Content posted to Application.
You shall be solely responsible for any and all of your User Content or User
Content that is submitted by you, and the consequences of, and requirements
for, distributing it.
With Respect to User Submissions, you acknowledge and agree that:
- Your User Submissions are entirely voluntary.
- Your User Submissions do not establish a confidential relationship or obligate Company to treat your User Submissions as confidential or secret.
- Company has no obligation, either express or implied, to develop or use your User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Submissions.
Company shall own exclusive rights (including all intellectual property
and other proprietary rights) to any User Submissions posted to this
Application, and shall be entitled to the unrestricted use and
dissemination of any User Submissions posted to this Application for any
purpose, commercial or otherwise, without acknowledgment or compensation
to you or to anyone else.
With Respect to User Content, by posting or publishing User Content to
this Application, you authorize Company to use the intellectual property
and other proprietary rights in and to your User Content to enable
inclusion and use of the User Content in the manner contemplated by this
Application and this Agreement.
You hereby grant Company a worldwide, non-exclusive, royalty-free,
sublicensable, and transferable license to use, reproduce, distribute,
prepare derivative works of, combine with other works, display, and
perform your User Content in connection with this Application, including
without limitation for promoting and redistributing all or part of this
Application in any media formats and through any media channels without
restrictions of any kind and without payment or other consideration of any
kind, or permission or notification, to you or any third party. You also
hereby grant each User of this Application a non-exclusive license to
access your User Content through this Application, and to use, reproduce,
distribute, prepare derivative works of, combine with other works,
display, and perform your User Content as permitted through the
functionality of this Application and under this Agreement.
The above licenses granted by you in your User Content terminate within a
commercially reasonable time after you remove or delete your User Content
from this Application. You understand and agree, however, that Company may
retain (but not distribute, display, or perform) server copies of your
User Content that have been removed or deleted. The above licenses granted
by you in your User Content are perpetual and irrevocable.
Company generally does not pre-screen User Content but reserves the right
(but undertakes no duty) to do so and decide whether any item of User
Content is appropriate and/or complies with this Agreement. Company may
remove any item of User Content if it violating this Agreement, at any
time and without prior notice.
7. LINKS TO THIRD-PARTY WEBSITES
This Application may contain links to third-party websites that are not
owned or controlled by Company. Company assumes no responsibility for the
content, terms and conditions, privacy policies, or practices of any
third-party websites. In addition, Company does not censor or edit the
content of any third-party websites. By using this Application you expressly
release Company from any and all liability arising from your use of any
third-party website. Accordingly, Company encourages you to be aware when
you leave this Application and to review the terms and conditions, privacy
policies, and other governing documents of each other website that you may
visit.
8. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS APPLICATION
SHALL BE AT YOUR OWN RISK AND THAT THIS APPLICATION ARE PROVIDED "AS
IS", "AS AVAILABLE" AND "WITH ALL FAULTS". COMPANY,
ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISCLAIM ALL WARRANTIES,
STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED
WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS
MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS,
OR CONTENT OF THIS APPLICATION, (II) THE ACCURACY, COMPLETENESS, OR CONTENT
OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO
THIS APPLICATION, AND/OR (III) THE SERVICES FOUND AT THIS APPLICATION OR ANY
SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS
APPLICATION, AND COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE
SAME.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN
INFORMATION OR ADVICE PROVIDED BY COMPANY, ITS OFFICERS, DIRECTORS,
EMPLOYEES, OR AGENTS, AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE
LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT
TO THIS APPLICATION OR THE SERVICES FOUND AT THIS APPLICATION, AND USERS
SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO
THE FULLEST EXTENT PERMITTED BY LAW, and shall survive any termination or
expiration of this Agreement or your use of this Application or the Services
found at this Application.
9. LIMITATION OF LIABILITY
IN NO EVENT SHALL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND
ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR
ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR
CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY DAMAGES THAT MAY RESULT FROM
(I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS APPLICATION, (II) THE
ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS,
BANNER ADVERTISING OR OTHERWISE) TO THIS APPLICATION, (III) THE SERVICES
FOUND AT THIS APPLICATION OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER
ADVERTISING OR OTHERWISE) TO THIS APPLICATION, (IV) PERSONAL INJURY OR
PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY
NATURE WHATSOEVER, (VI) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM
THIS APPLICATION OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING
OR OTHERWISE) TO THIS APPLICATION, (VII) ANY VIRUSES, WORMS, BUGS, TROJAN
HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS APPLICATION OR
ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO
THIS APPLICATION, (VIII) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY,
HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC,
"X-RATED", OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (IX) ANY
LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS
APPLICATION OR THE SERVICES FOUND AT THIS APPLICATION, WHETHER BASED ON
WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND
WHETHER OR NOT COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that any cause of action
arising out of or related to this Application or the Services found at this
Application must be commenced within one (1) year after the cause of action
accrues, otherwise such cause of action shall be permanently barred.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT
PERMITTED BY LAW, AND shall survive any termination or expiration of this
Agreement or your use of this Application or the Services found at this
Application.
10. INDEMNITY
You agree to protect, defend, indemnify and hold harmless Company and its
officers, directors, employees, agents from and against any and all claims,
demands, costs, expenses, losses, liabilities and damages of every kind and
nature (including, without limitation, reasonable attorneys’ fees) imposed
upon or incurred by Company directly or indirectly arising from (i) your use
of and access to this Application; (ii) your violation of any provision of
this Agreement or the policies or agreements which are incorporated herein;
and/or (iii) your violation of any third-party right, including without
limitation any intellectual property or other proprietary right. The
indemnification obligations under this section shall survive any termination
or expiration of this Agreement or your use of this Application or the
Services found at this Application.
11. DATA TRANSFER
If you are visiting this Application from a country other than the country
in which our servers are located, your communications with us may result in
the transfer of information across international boundaries. By visiting
this Application and communicating electronically with us, you consent to
such transfers.
12. AVAILABILITY OF APPLICATION
Subject to the terms and conditions of this Agreement and our policies, we
shall use commercially reasonable efforts to attempt to provide this
Application on 24/7 basis. You acknowledge and agree that from time to time
this Application may be inaccessible for any reason including, but not
limited to, periodic maintenance, repairs or replacements that we undertake
from time to time, or other causes beyond our control including, but not
limited to, interruption or failure of telecommunication or digital
transmission links or other failures.
You acknowledge and agree that we have no control over the availability of
this Application on a continuous or uninterrupted basis, and that we assume
no liability to you or any other party with regard thereto.
13. DISCONTINUED SERVICES
Company reserves the right to cease offering or providing any of the
Services at any time, for any or no reason, and without prior notice.
Although Company makes great effort to maximize the lifespan of all its
Services, there are times when a Service we offer will be discontinued. If
that is the case, that product or service will no longer be supported by
Company. In such case, Company will either offer a comparable Service for
you to migrate to or a refund. Company will not be liable to you or any
third party for any modification, suspension, or discontinuance of any of
the Services we may offer or facilitate access to.
14. FEES AND PAYMENTS
You acknowledge and agree that your payment will be charged and processed by
Domestic Employment LTD.
You agree to pay any and all prices and fees due for Services purchased or
obtained at this Application at the time you order the Services.
Company expressly reserves the right to change or modify its prices and fees
at any time, and such changes or modifications shall be posted online at
this Application and effective immediately without need for further notice
to you.
Except as expressly provided in these Terms, all charges and payments are
non-refundable, non-cancellable, and non-creditable, even if your Services
are suspended, terminated, or transferred prior to the end of the Services
term.
15. NO THIRD-PARTY BENEFICIARIES
Nothing in this Agreement shall be deemed to confer any third-party rights
or benefits.
16. COMPLIANCE WITH LOCAL LAWS
Company makes no representation or warranty that the content available on
this Application are appropriate in every country or jurisdiction, and
access to this Application from countries or jurisdictions where its content
is illegal is prohibited. Users who choose to access this Application are
responsible for compliance with all local laws, rules and regulations.
17. GOVERNING LAW
This Agreement and any dispute or claim arising out of or in connection with
it or its subject matter or formation shall be governed by and construed in
accordance with the laws of Israel, to the exclusion of conflict of law
rules.
18. DISPUTE RESOLUTION
Any controversy or claim arising out of or relating to these Terms of
Services will be settled by binding arbitration. Any such controversy or
claim must be arbitrated on an individual basis, and must not be
consolidated in any arbitration with any claim or controversy of any other
party. The arbitration must be conducted in Israel, and judgment on the
arbitration award may be entered into any court having jurisdiction thereof.
19. TITLES AND HEADINGS
The titles and headings of this Agreement are for convenience and ease of
reference only and shall not be utilized in any way to construe or interpret
the agreement of the parties as otherwise set forth herein.
20. SEVERABILITY
Each covenant and agreement in this Agreement shall be construed for all
purposes to be a separate and independent covenant or agreement. If a court
of competent jurisdiction holds any provision (or portion of a provision) of
this Agreement to be illegal, invalid, or otherwise unenforceable, the
remaining provisions (or portions of provisions) of this Agreement shall not
be affected thereby and shall be found to be valid and enforceable to the
fullest extent permitted by law.
21. Disclaimer
We distinctly state that the Company does not provide legal services and
cannot provide you with legal advice or assistance. Neither the Company nor
any of the Services and Software Products affiliated with, should be taken
or interpreted as legal advice or assistance, nor should it be interpreted
as a substitute for legal advice or assistance, nor should it be used or
referred to as a substitute for appropriate legal advice or assistance from
legal services providers.
22. CONTACT INFORMATION
If you have any questions about this Agreement, please contact us by email
or regular mail at the following address:
Domestic Employment LTD
Elyachin, 3890800
State of Israel
contact@doemploy.app