Terms of Use Agreement

 
  1. 1 Introduction

    1. Welcome to the iSavta site (hereinafter the "Site") that is operated by the Codonco Ltd. company (hereinafter the "Operator").
    2. Please carefully read all the provisions of this Terms of Use Agreement before making any use of the site.
    3. You agree that making any use of the site constitutes an approval that you have read the provisions of this Terms of Use Agreement and that you have understood each of its provisions, and that you agree to all the terms and restrictions set forth in this agreement.
    4. If you do not agree to all the terms of this agreement hereafter without any exception, you are required to leave the site and to stop making any use of it.
    5. The operator reserves the right to update and change the terms of use from time to time, according to its sole discretion, and without the need for any notice, and provided that the updated wording of the terms of use shall be published in the site.
    6. Use of the site is subject to the terms set forth hereafter and to the provisions in any law, and it constitutes express consent by the user to these terms. The terms of use and all the tests in the site are worded sometimes in the male gender for reasons of convenience only, however they are intended for both men and women.
    7. This Terms of Use Agreement (hereinafter: the "Terms of Use Agreement") is a binding legal agreement between you (an individual or any other legal entity (hereinafter the "User") and the operator, the Condonco Ltd. company, co. no. 514558071 address 6 Finland St, Haifa. Thus, this agreement of the terms of use is made between the operator and you only. all the suppliers, the authorized parties and the bodies associated with the operator are considered a third party and beneficiaries on behalf of the operator's rights in accordance with this Terms of Use Agreement, however they are not a party to it and no obligations towards it applies to them.
    8. For your information, pressing the ' I agree ' box on the site, and/or making any use of it and any other actions on the site, means a unilateral notice by you that you unequivocally agree to all the terms set forth in this Terms of Use Agreement, and that you undertake to act according to them.
  1. 2The Site

    1. The site is an internet site owned by the operator which provides services to private users as well as to commercial users, part of them paid services and part of them without payment, as set forth hereafter.
    2. Paid services (hereinafter: the "Paid Services")
      1. The site allows private users to make contact with nursing caregivers, including by means of sending notices in the site's system; receiving notices by electronic mail or by telephone; publishing bold notices, both on the site and on the facebook site of the operator, that are directed towards caregivers; extending the duration of the advertisements and advancing them; receiving different kinds of warnings.
      2. The site allows commercial users (including professionals, nursing companies, old age homes etc...) to publish their services on the site (in the "personal area" of employers and/or the caregivers) to publish a special profile page of the services offered by them, including by publishing a gallery of photos.
      3. Use of the paid services involves the payment of a monthly Subscription (hereinafter: the "Subscription"), that shall be determined according to the operator's discretion, and it shall be published on the site from time to time. The monthly Subscription fees shall be collected each month as long as the Subscription was not cancelled, and their payment allows receipt of the paid services that shall be chosen. The Subscription fees shall be collected on the first day of each Gregorian month for the following month.
      4. Each user that chooses to use the paid services on the site as mentioned in this Terms of Use Agreement, hereby gives his consent to the payment of the monthly Subscription fees for a unfixed period, and as long as the Subscription was not cancelled by the operators as mentioned in this Terms of Use Agreement, the user may notify at any time he shall wish to cancel the appointment as explained hereafter.
      5. The user of the Subscription for paid services in the site may notify at any time that he wishes that he is cancelling the Subscription to the site by turning to the "my definitions" page on the site or by sending electronic mail to the address contact@iSavta.co.il or by turning by mail to the operator to the address 4 Golomb St. Ramat Hasharon (hereinafter the "Subscription Cancellation Notice"). The operator shall cease to charge the subscriber the monthly Subscription fees within three business days after delivering the Subscription Cancellation Notice, and if the Subscription Cancellation Notice was delivered by registered mail – within six business days after the Subscription Cancellation Notice was delivered for dispatch. It is emphasized that the operator shall not collect any sum as cancellation fees. If the Subscription was cancelled during the month for which Subscription fees were paid, the subscriber shall be given a proportional refund only of the Subscription fees, within 14 days after delivering the Subscription cancellation fees, and this is for the period after delivering the Subscription Cancellation Notice until the end of the month for which the Subscription fees were paid. A financial refund shall not be given for the period in which use was made of the paid services offered in the site and which prior to the Subscription Cancellation Notice.
      6. The Subscription of a user of the site is personal and it cannot be transferred, frozen, credited and/or no other use can be made of it that the operator did not expressly mention.
    3. Non payment services. In addition the site offers services and content for private users without any payment or other consideration (hereinafter the "Free Services"). No use shall be made of the free services for any commercial purpose, including but not only, for making contact with caregivers, making contact with employers, attempt to obtain customers or Subscriptions, advertising by a company or any other entity, or any other type of commercial activities. Any company or entity that requests to make use of the site for a commercial purpose is required to pay monthly Subscription fees for the paid services as set forth above.
  1. 3Terms of Use

    1. Subject to the provisions of this Terms of Use Agreement, you are entitled to use the site and to enjoy its services and contents that are offered in it.
    2. The user declares that use of the site as mentioned was made for his personal use only and under his personal risk only.
    3. The site is intended for the use of the user only and he is protected under the Copyright Laws and by any other law that applies in this matter. Making any use of this site by you is the same as your confirmation that you shall use the site according to the laws that apply in the jurisdiction where you are using the site, including but not only, copyright laws and intellectual property rights that apply in addition to all the provisions of this Terms of Use Agreement. Beyond this you agree that you shall use the site subject to any statutes and regulations valid in Israel and anywhere else where you are using the site.
    4. The operator allows any person to use the various services existing on the site. However, the operator shall be entitled to remove content and/or to prevent or stop use of the site, in any event that improper and/or unreasonable and/or illegal use of the site shall be made, all according to the operator's sole discretion.
  1. 4Restrictions of Using the Site

  2. The following actions in the site and any information included and/or that shall be included in the future in the site, are completely prohibited, whether for consideration or without, and you are not entitled:
    1. To remove and/or delete from the site a label and/or notice regarding any intellectual property right in the site, including but not only, regarding copyrights, trademarks, restrictions etc...;
    2. To store, transfer or distribute data or content or to disclose them to the public- in full or in part- in any format, whether for payment or without;
    3. Improper and/or unreasonable and/or illegal use of the site.
  1. 5Change, Update and Upgrade of the Site

  2. The operator is entitled to make and/or put changes and/or additions in the site according to its sole discretion at any time and without the need for an advance notice or notice after the fact, however, the aforesaid is not any undertaking of the undertaking of the operator to update the site.
  1. 6Intellectual Property Rights

    1. The operator is the exclusive owner of the property, the intellectual property rights including the moral rights in the site, including, but without limiting, regarding the idea that is at the basis of the site, its content, design, preparation and trademarks, and the manner of presenting and preparing the information that appears in the site, in the online pages included in it, in the classification, arrangement and presentation of the information and the advertisements and any other form of demonstration included in it, except for advertisements that appear in the site and that are not advertisements of the operator and/or of the site. The site is protected by the copyright laws, and the in intellectual property laws in Israel and other countries such as the United States, Canada, west European countries and more.
    2. You agree and confirm that all the trademarks, copyrights, commercial names and all the other rights connected to the site (except for advertisements that appear in the site and that are not advertisements of the operator and/or of the site) are and shall remain the sole property of the operator.
    3. The content may not be copied and/or published, in full or in part, whether if on the internet site and/or in any other means, and/or in any other manner, without an express permit for this in advance and in writing from the operator and use may not be made of it except for the user's private and personal needs, as opposed to commercial needs. Without derogating from the generality of the aforesaid, the content of the site out of the Iframe may not be presented without the operator's prior written approval. The content of the site many not be distributed and/or copied and/or published whether in the borders of Israel and/or outside of them, that is presented in a video formant and/or text format and/or that is present in any other electronic media, without the prior written approval of the operator.
    4. You agree to give the operator permission to use in any manner that you shall see fit (and subject to any law) information that you shall choose to raise and/or share in the site.
    5. You agree and confirm that all the data produced from the site is the exclusive property of the operator and/or the right holder that granted the operator a license to use this data.
    6. You hereby waive any demand or lawsuit, directly and/or indirectly, regarding or connected with any right and/or ownership and/or matter whether in registration, patent and/or right to patent and/or trademarks and/or copyrights and/or trade names and/or logos and/or any mark that hints of any right of ownership in the site and/or any other right that is connected to the site, that solely belong to the operator or to anyone on its behalf.
    7. You hereby waive any direct and/or indirect demand with respect to any right and/or ownership and/or matter if by registration, patent, copyright or with respect to trade names, trademarks, marks and/or any mark that hints of any right that the ownership rights in it solely belong to the operator and/or it is used by the operator and/or its agents and/or those acting on its behalf and/or in its name and with respect to any development, improvement and/or invention with respect to the site. You undertake to refrain from any risk, restriction, involvement and/or harm in any manner of the site, in the rights in it, and in the right or possibility of using the trademark, trade name and/or any name, mark and/or other mark that belong and/or shall belong to the operator and/or bodies associated with it.
  1. 7Information of Third Parties

    1. Part of the services that the site can provide include information the source of which is from third parties (hereinafter: the "Information of Third Parties").
    2. The operator does not support or does not guarantee the accuracy and/or veracity and/or availability of any information of third parties and it does not undertake in any manner that the information of third parties shall be credible, full, accurate, updated, intact etc...
    3. Since the operator has no control over third parties and the information of third parties including, inter alia, the correctness and accuracy of the information and data supplied by them and/or control over the continuation of the activities of the third parties and/or the continuation of their activities, then the operator is not responsible in any manner and in any form for the correctness and/or accuracy and/or availability of this information and the user confirms and agrees as an integral part of this Terms of Use Agreement that it shall not have any claim and/or demand and/or lawsuit against the operator.
    4. The operator, its managers, employees, and/or anyone on its behalf shall not be in any manner responsible and they shall not bear any liability, in any form or manner, for any damage that shall be caused to you or that you shall claim that it was caused to you directly or indirectly, as a result of using and/or relying on the information of third parties.
  1. 8Liability and Service

    1. The site is presented to you in its condition AS IS, and the operator does not give and it cannot be liable for the results received by the user of the site.
    2. The operator does not warrant in any manner with respect to the performance and/or results that it shall receive from using the site and it does not warrant that the site's action shall be continuous or absent from errors and/or viruses and/or that the information presented by the site shall not include errors. In any event, one should not rely on information that the site provides as a sole means.
    3. The operator does not give a guarantee and/or it is not liable and it is not trying to represent that the information is complete and/or accurate and/or updated and you accept this agreement of the terms of use based on this basis. The operator is not liable in any manner – expressly and/or implied and/or by virtue of a statute and/or by virtue of a custom and/or any other type of liability – and/or it does not warrant that the site shall be suitable for any certain purpose– professional or private- and/or it does not warrant that you shall be satisfied and/or any other manner.
    4. Information provided in the site shall not be regarded as giving any an offer, persuasion, consultation, undertaking and/or representation whether express or implied and/or by virtue of the any law, towards you as a user and/or any third party, including representations and/or warrants regarding quality, credibility, extent of accuracy, completeness and level to which the site is up to date.
    5. The operator shall not be responsible in any way for any expense and/or damage – direct and/or indirect – and it shall not be responsible for consequential damage and/or loss of profits and/or loss of savings. These limits mentioned above shall apply only where there is no contradiction between them and the applicable law. You confirm that the maximum damage that can be reasonably expected does not exceed the sum paid as a Subscription fee to the site, if at all, and the refund of the Subscription fees shall constitutes fair, full and final compensation for any damage that could be caused to you due to use of the site.
    6. The operator does not warrant that the advertisements of the advertisers at a certain time in the site and/or in other sites shall continue to be advertised also later on.
    7. The operator does not warrant that the site will fit any objective defined by it or by you.
    8. The operator shall not be responsible for damage incurred as a result of an error in the site (including errors in computer software, in documentation and databases) and/or a virus in the site and/or any other cause.
    9. The operator reserves the right to change the structure of the site and/or its content and/or its design and to stop its existence company. It is hereby clarified that the operator shall not be required to warn and/or inform those using the site in advance regarding its intentions as mentioned, except in the event that it is stopping the site's activities, in which case it shall notify a notice of this on the main page of the site. In the event of a full cessation of the service, the users paying for the service shall not be charged starting from its cessation. In the event of stopping the service the operator shall not be responsible towards the user or towards any third party for any damage and/or loss. Interference in the routine and regular activities of the site when performing repairs, changes and improvements shall not constitute a cause for any action, claim or demand by the user.
  1. 9Penalties

  2. The operator hereby informs you that in the event that it shall find that its rights in the site were breached, it shall be entitled, according to its sole discretion, to take each of the following steps against you, together or separately:
    1. To sue for recognition of this breach in court;
    2. To sue for the cessation of the breach and instructions to the person that caused the breach to immediately cease the breach;
    3. To sue for compensation for the breach and the damage that it caused (also publicly, at the expense of the one that caused the breach);
    4. To sue for the cessation of the situation that caused the breach and returning to the situation before the breach, at the expense of the one that caused the breach, and to sue for the destruction of the means and materials that caused the breach and of the objects that were created as a result of the breach;
    5. To file a civil lawsuit against including for compensation;
    6. To institute criminal proceedings or quasi- criminal proceedings against you.
  1. 10Privacy

    1. The operator regards itself bound by the principles of privacy protection, and this declaration of privacy sets forth its approach to this issue. By using the site and by giving any personal information you agree that the operator will use this information in accordance with this declaration of privacy. For any question in these issues, please turn by electronic mail to the address contact@iSavta.co.il.
    2. The operator collects information of the type gender, origin country, residence country, occupation, professional experience, professional preference and self description including lists of caregivers and the profiles of caregivers (hereinafter the "Private Information").
    3. The operator uses the Private Information the purposes for which they were provided in the framework of this agreement.
    4. Signing up on the site, partial or full, is a consent to receive marketing material by, among others, email, newsletter, text messages (SMS) in a frequency determined by the website’s management. Users can cease to accept marketing material by changing the alert settings on My zone.
    5. Without limiting the generality of the foregoing, the operator may transfer Private Information as mentioned to commercial entities for the purpose of direct mail offers, relevant services to the population of caregivers and / or patients.
    6. The operator shall be entitled to deliver the Private Information to causes connected to operating the site and to its business partners provided that they use this information only according to the instructions of this privacy policy and to any enforcement authority and/or according to any judicial order.
    7. You hereby give your consent to be included in the database that is administered by the operator in accordance with the Privacy Protection Law, 5741- 1981. You have no obligation according to law to deliver the Private Information.
    8. The operator shall not share the information that allows personal identification with third parties, other than as set forth in this Term of Use Agreement, unless there is a duty according to law or if this was expressly requested by you or in another manner as set forth in this agreement. The operator recognizes that the Private Information has value and it is taking reasonable means in order to protect the Private Information when it is in its possession.
    9. The operator is implementing customary standards of technology and operating security in order to protect data and information that allow personal identification against the loss, adverse use, change or destruction. The operator especially implements technical and operative means in order to prevent any illegal discovery or processing of the data and information as mentioned and the incidental loss, destruction or damage of this data and information. The operator's employees and/or anyone on its behalf that have access to information that allows personal identification agreed to protect the secrecy of this information. However, while the security means reduce the risks of unauthorized infiltration into the operator's computers, they are not absolutely secure. Therefore the operator does not warrant that the services in the framework of using the site shall be completely resistant against unauthorized access to information stored in them.
    10. The operator is not responsible in any manner for verifying the correctness of the details of the information that was given to it. When it is possible and practical, if the operator receives a notice of this that any personal information that was collected in the site are incorrect, the operator shall perform the appropriate amendments on the basis of the updated information given by the user whose identity was verified.
    11. If you wish to receive details regarding information that was given to the operator, you have the right of access to this information as mentioned and you are entitled to turn to us by the email address mentioned above.
    12. The operator may periodically change the privacy policy provisions. If material changes are made in this policy, in the provisions regarding use of personal information that you gave, this shall be published in a notice on the home page of the operator's site the address of which is www.iSavta.co.il
    13. The operator may record and document telephone conversations that shall take place between you and authorized representatives on its behalf, and to make use of these recordings for improving the service, and in cases in which it shall have a dispute with you or with anyone on your behalf.
    14. The operator shall be entitled to transfer your personal details and the information regarding you to third parties, for the purposes and uses that the operator itself is entitled to do, and in each of the following cases: (a) at your request; (b) according to a judicial order of an authorized authority; (c) for collecting payments due from you and/or from anyone on your behalf and standing on its rights according to an agreement between you and the operator; (d) for sending notices, sharing campaigns, for marketing etc... (subject to your consent); (e) for preventing fraud; (f) for processing information collecting by the operator or by anyone on its behalf.
    15. You hereby confirm that the operator will be able to transfer all the information regarding you as accumulated in its databases to a third party, in the framework of transferring its business (all or in part) to that third party and this is subject to the third party undertaking to protect your personal details and the data that shall be transferred to it, as the operator does.
  1. 11Liability

  2. It is hereby clarified and you hereby expressly and irrevocably agree, that unless expressly provided otherwise in this conditions of use agreement and/or by law, the operator shall not be held accountable towards you for any direct and/or indirect and/or resultant damage and/or expense and/or loss and/or injury which you may sustain or incur as a result of using the site and/or the gratuitous and/or pay per use services (as those terms are defined above). In any event, you hereby expressly agree that should you be entitled to receive compensation from the operator by law and/or should the operator be ordered to pay you compensation in a peremptory ruling made by a competent judicial tribunal, the maximum amount of that compensation shall not exceed the consideration which you actually paid the operator, if at all, in return for the pay per use services as defined above in this conditions of use agreement.
  1. 12Indemnification

  2. You hereby undertake to indemnify and/or defend the operator, its agents, managers, advisors and subcontractors against any loss, damage (including personal injury), fine and/or expense (of any description, including experts' and lawyers' fees) which they shall incur or sustain as a result of and/or in connection with any claim or complaint concerning any use of the site and or the gratuitous services and/or the pay per use services which shall be made by you and/or anyone acting under your auspices and/or on your behalf and/or with your permission which violates the rights of the operator and/or any third party and/or this conditions of use agreement and/or any law. Without derogating from the foregoing, your obligation to indemnify the operator and anyone acting under its auspices as aforesaid, shall equally apply to any claim and/or demand and/or complaint which shall be made against the operator and/or anyone acting under its auspices, by any third party, in connection with your use of the site and/or the gratuitous services and/or the pay per use services.
  1. 13Miscellaneous

    1. This Terms of Use Agreement together with the provisions and terms included in the site comprehensively reflects the entire relationship and agreements between you and the operator and no invitation and/or publication of the operator and/or any other document can change any of its terms. If it shall be determined by the authorized court that any part of this Terms of Use Agreement is unenforceable and/or invalid, the provisions in that same part shall be adjusted only so that it will become enforceable and/or valid in a manner that fits the original intention of the term. In any event that same adjustment shall be valid only where the restriction shall apply to that same part and/or in the same jurisdiction where the restriction shall apply as mentioned above, and this shall not limit or change the license in any other jurisdiction.
    2. The operator is not a manpower company and it does not employ the caregivers registered in the site and/or at all. The employer is liable to check the legality of those candidates for employment with whom he has had contact to be in Israel. In addition, according to the laws of the State of Israel employers are required to register the caregiver that the accepted for employment in a manpower company. The operator shall not be responsible for any damage and/or cost, whether indirect or direct, which the user shall pay for not checking the legality of the caregiver's presence in Israel and/or for not registering the caregiver in a manpower company.
    3. Without derogating from the aforesaid, the jobs in the site are intended for men and women at any age, and without any connection to their personal status, their sexual orientation, being pregnant, going through fertility treatments, in vitro fertility treatments, being parents, their race, religion, nationality, country of origin, their view, their party, or reserve duty, being called up for reserve duty or their expected service in reserve duty, as defined in the Security Service Law [Consolidated Version], 5746- 1986, including due to its frequency and duration. For the convenience of the surfers jobs are presented on the site, inter alia, according to category. This categorization was made for convenience of searching only and it cannot, in any form or manner prevent any of the subscribers of the site from applying to an job advertised in it, without exception, since as mentioned, all the jobs in the site are intended for all surfers.
  1. 14Marketing Content of those Published in the Site

    1. The operator is entitled to include advertisements and commercial notices on each page of the site in accordance with its sole discretion.
    2. The operator shall not bear liability for advertising content or any other commercial content that shall be published in the site.
    3. Including advertisements in the site does not constitute an offer, recommendation or encouragement on behalf of the operator expressly or implied to purchase the products or the services offered in them for sale. Furthermore the operator shall not constitute a party in any transaction made by the user following advertising information that shall be presented in the site or in other sites. Every claim, lawsuit or demand by a user for offers, products or services as mentioned, receiving them or their results, shall be referred by him directly to the third party, from which he received the offer or purchased the service, and he shall not have any lawsuit or demand in respect to them against the operator.
    4. The operator allows third parties to place "cookies" or "web beacon" files on pages of users and to read them in order to collect information when presenting advertisements on the site and/or in order to allow the operator to measure user traffic in the site in order to improve its performance. In any event the information collected regarding the users is anonymous (it does not expose their identity). You may delete and/or completely prevent the creation of "cookies" in your computer by changing the relevant definitions in the browser which you are using.
  1. 15General

    1. Use of the titles in this agreement is made for the purpose of convenience only and they in themselves cannot constitute a basis for interpretation or to distinguish between its sections and/or in order to grant a right and/or authority that was not expressly conferred.
    2. In any event of a contradiction between what is implied from the title of a section and the content of a section the provisions of the content of the section shall apply only.
    3. The provisions in this Terms of Use Agreement is drafted in the male gender for reasons of simplicity and convenience only, and everything stated in the male gender – shall also mean female, and everything in singular language shall also mean plural. Any change and/or discount and/or waiver and/or extension and/or notice with respect to this license agreement shall not be valid if they were made in writing and they were signed by the operator's manager that was especially authorized for this.
    4. The operator's avoidance from taking a certain action to enforce its rights according to this Terms of Use Agreement and/or the law, shall not be considered as a waiver of that right and/or its part and such avoidance shall not affect any claim of the operator or any of its individuals to realize its rights.
    5. Any request or notice by you shall be made in writing only, by registered mail and/or by personal delivery with a certificate of delivery, and it shall be delivered directly to the authorizer or any of its individuals, according to the addresses stated in the preamble of this license agreement.
    6. Distributors and suppliers do not represent the operator and they are not authorized to receive in its name and/or for it and/or instead of it notices or pleadings.
  1. 16Jurisdiction and Use of the Site outside of Israel

  2. The laws of the State of Israel shall apply to this agreement of the terms of service and any lawsuit and/or claim with respect to the provisions in it. The competent courts in the district of Tel Aviv shall have exclusive jurisdiction to hear any lawsuit and/or dispute and/or matter arising from the site including the use of it and the services offered in it, the content, information data etc... You are required as a user that is a resident or a citizen of a foreign country or that makes use of the site during his stay in a foreign country, to examine and check if the use and terms of use of the site are also compatible with the laws of the foreign country. The operator cannot adjust the use and usages terms according to the laws of every country in the world. Therefore it is clarified that you shall be solely responsible for any infringement of the law of a foreign country if such shall be committed as a result of using the site.