November30,2016 Terms of Use for ICV service General The following terms of use are intended to clarify the relations between the operator of this internet site and the application (Jointly hereinafter: "The Service"), the company ICV-HR Ltd. (hereinafter: "The Operator") and between any person and/or entity entering this website including users and employers that wish to make use of the website services (hereinafter: "The User" and "The Employer" – correspondingly). The user declares that by his mere entrance into the Service, using the Service, he agrees to assume upon himself the terms listed below. The rules contained herein apply also to a service user and/or whoever registers for the services offered through and/or thru another internet site and/or another application, whether they are connected to the Operator or not. In the following usage conditions and in all the texts on the site and/or the application, the use of the singular also means the plural and vice versa, and the masculine means the feminine and vice versa, all in accordance with its context. The headings of the clauses in this set of rules are intended merely for convenience, and no interpretive value should be attributed to them. Intellectual property and the use of the application All the intellectual property rights, including the ethical rights, in relation to the site and/or the application, its contents, design, editing and trademarks, as well as the manner of its presentation and the information that appears on the site and/or the application, are exclusively reserved for the Operator. The application and the site, the contents of the advertisements, the online pages included in them, the classification, the arrangement and the presentation of the data and any form of other illustration included therein (hereinafter: "The Contents") are the exclusive property of the Operator. It is forbidden to copy, duplicate and/or print the contents, all or part thereof, for purpose of distribution or advertising in any way, without the explicit permit in advance and in writing form the Operator, is forbidden, and no use should be done with the contents except for the private and personal needs of the User, to differentiate from commercial needs. Any copy, distribution, broadcast, or advertisement of the information stored on the application and/or on the site, that was not explicitly permitted – is forbidden and constitutes a violation of the law. Registration for the service Without derogating from the stated in the usage terms above and below, any User who registers for the Service offered by the Company, declares that he is interested and agrees, that the Operator and/or anyone that will be appointed by it, will distribute the information about him to an employer that the Operator and/or anyone on its behalf, will choose to distribute to the details, whether for consideration or without consideration, and that he knows that his details will be kept on the Operator's data bases. The User declares that he knows, and that he grants his explicit consent, that following the registration for the Service, his information will be exposed and visible to any Employer, including his current employer, in as much as there is one. The User confirms and declares that he does not have and will not have any argument and/or demand and/or [1] November30,2016 claim regarding the exposure of his details to any third parties, and that he know, that the Operator is not obligated to inform him regarding the factors that were exposed to his details. The User hereby declares, that he knows and agrees that the process of distributing his personal data is an irreversible process that cannot be cancelled after its dispatch and although the Operator will make any effort, sometimes errors may occur and the User's data may inadvertently reach another factor, and the User removes from the Operator and/or anyone on its behalf, any responsibility, and it is clarified that the Operator and/or anyone on its behalf will not be responsible for any damage that may be caused to the User as a result of this. It shall be clarified that the Service offered by the Operator, is intended to expand and maximize the positions search possibilities, exposure of Users and Employers to each other, and finding of employment, however, the Operator does not undertake and or is not responsible in any way for the consequences of the use of its services, and the User declares that he will have no argument and/or claim with regard to the outcome of the use as stated. Responsibility towards Users and/or Employers The Operator will bear no responsibility for and damage or direct and/or indirect offense of any type whatsoever that will be caused to the Employer and/or the User because of the use of the Service, and/or as a result from the material and/or the files forwarded to him thru the site, whether by anyone of the Users of the service or by the Operator and/or resulting from the data the access to which is possible thru the site and the application and/or due to the discontinuation of the Service by the Operator. Included in this respect, the Employer and/or the user will have no argument due to his reliance on the information forwarded to him by third parties and/or due to contact with a third party because of the advertisement on the site and the application and/or because of the use of the Service, and the Operator shall bear no responsibility towards the Employers and Users with regard to such information and/or due to any damage, that will be caused to them by an approach and/or receipt of information and/or viruses and/or other malicious software of all kinds, etc. that was sent to them by a third party following the advertising on the site and/or any other information and/or material sent to him by e-mail. The Operator will do its best to provide professional information, complete, reliable and accurate, but it bears no responsibility or does not guarantee the quality of the information presented on the application and the site and/or its correctness, and/or its validity and/or its completeness and/or its accuracy and/or its fitness for any purpose. The information regarding potential employers and/or potential employees does not serve as a recommendation or expression of opinion by the Operator regarding the the worthiness correctness or incorrectness of the services. Any action performed by the User is at his own discretion and responsibility only, and the Operator is not responsible to any result caused due to the use of the Application and the site and/or reliance on the information found on it. The User undertakes towards the Operator, that he will not send thru the Application and/or the site, to any third party whose details appear on them any advertising material and/or of commercial character and/or any contents that infringes or violates intellectual property of others, including copyrights or trademarks; any pornographic contents or [2] November30,2016 having a blunt sexual character; any contents the publication of which is prohibited by any law, any contents that constitutes slander regarding any person and/or entity and, which harms his privacy; any computer software, computer code or application that included computer bugs, viruses, hostile software, harmful applications and alike, including to the computers of the Operator; any information of nagging contents, insulting, hostile, threatening, crude or racial; any information contrary to the customary rules of use on the internet or that may cause damage or hurt internet users in general, and the users of the Application and the Site in particular. It shall be clarified that during the process of downloading the file by the User, the Operator has no ability to examine all the downloaded files, and therefore it has no possibility and/or ability to perform any filtering and assure meeting these terms. If malicious and/or negligent and/or any other damaging use by the User and/or anyone on his behalf, is done with the service and/or because of the violation of these usage terms, the User will have to indemnify the Operator, its employees, managers, shareholders or anyone on their behalf for any damage, loss, profits loss, payment or expenses incurred by them – including attorney's fees and legal expenses. The Operator will be entitled to add its name to the files sent thru the Application and/or the Site, or its logo, or any other writing it shall deem right. The Operator is making great effort to secure the application and the site and does everything in its power and control to prevent any disturbance during the use of the Service. However, it is hereby clarified, that the use of the application and the site is done and granted as is, and the Operator does not undertake that the service will be without disturbance and smooth, or that problems will be repaired or that the Service or the server providing the Service will be clean of viruses or other harmful components. The User explicitly agrees that the Operator will not be responsible in any way because of unauthorized access or amendments performed to the information or messages of the User, whether or not sent or received by him, and/or by another third party. The Operator reserves its right to change the terms of the agreement from time to time. The responsibility to update with the changes as stated is imposed of the Service User through entrance into a usage agreement found from time to time on the application and the site. It shall be clarified that the use of the Service at any time, constitutes consent to the updated terms, as those shall be at that time. The Operator reserves its right to make any change to the contents, information and services advertised on the application and the site or discontinue the services on the application and the site, or part thereof, with or without notice to the User. In the event of service discontinuation, the Company shall not be responsible towards the User or towards any third party for any damage and/or loss. Employer's responsibility and undertaking It is hereby clarified that the offered Service by the Operator does not come as a substitute for the independent discretion of the employer and providing professional advice, and an Employer – acting in accordance with the Service and/or contacting any third party based on information forwarded to him by a User, a third party and/or by the Operator – shall [3] November30,2016 bear the responsibility only for his actions, and the Company shall bear no responsibility and/or damage that may be caused to the Employer as a result. All the positions on the site are intended for man and women of any age, and regardless of their personal status, sexual inclination, being pregnant, undergoing fertility treatments, in vitro fertilization, being parent, race, religion, nationality, country of origin, outlook, party or reserve duty service, being called on for military reserve service or their anticipated reserve service, as defined in the Security Service Law [consolidated version], 5746 – 1986, including because of its frequency or duration. Accordingly, employers who advertise want ads on the site undertake to advertise position in an egalitarian and non discriminating manner, as obligatory under the Equal Opportunities at Work Law, 5748 – 1988. Whoever advertises contrary to the provisions of the aforementioned law is doing so on his exclusive responsibility and shall bear the consequences. The Service period is the period to which the Employer and the Operator have undertaken in accordance with the connection agreement that will be signed between them. The use of private information The Operator undertakes not to make any use of the personal information of the Users except for the needs of the site and in accordance with its privacy policy, and it constitutes an integral part of these use terms and with the stated in any law. However, the Operator reserves its right to accumulate information regarding the use patterns of the site and the network, and make use of this information in order to improve the services on the site, its operation and contents, and all subject to the stated in the privacy policy of the Operator and the stated in any law. The User herby grants his explicit and irrevocable consent to make use on the site of his details that are found on the site to send information, updates and various publications related to the site and the Operator's activity, including make use of the cellular phone number for sending SMS messages, to make use of the e-mail address, and forward those details to any factor in the event of the violation of the provisions of the use terms by the User, as well as make use of them including through Cookies, in order to improve the service offered by the site and in order to inform the User of products and services. If a User wants to advise that he is no longer interested that information as aforementioned that he provided will be included in the Operator's data base and/or that he is not interested any longer in receiving direct mailing and/or information and updates as stated, all that the user needs to do is require it in writing from the Operator by e-mail [email protected], and the Operator undertakes to comply with the User's demand at once upon the notice reaching its destination. Engagement with a third party Any transaction performed following the advertisement of an ad on the application and/or the site following the Use made by the User of the application or the site, will be closed directly between the User and a third party, and it does not include the Operator or anyone on its behalf as a party to the transaction or responsible by its virtue, even if information between the parties is transferred thru the Operator itself. [4] November30,2016 The Operator is not responsible for the contents of the ads or the commercial proposals by third parties that nay appear on the application or on the site. Any argument, claim or demand that a User may have because of proposals, products or services as stated, its receipt or results, will be directly referred by him to the third party, from which he received the proposal or purchased the service, and he shall have in that respect no claim or demand towards the Operator. Jurisdiction and laws This agreement will be subject only to the laws of the State of Israel. The exclusive place of venue regarding anything related to this agreement and the use of the site is in the competent courts in the Tel Aviv area. *** [5]
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