Terms of Service

These Terms of Service (the “Terms”) apply to and govern the use of the Joobilix proprietary application that helps organizations recruit talented candidates and manage the recruitment process (the “Service”).

Key Points

The following key points of these Terms are brought for your convenience only.
They do not substitute the full Terms.

  • Your relationship with us. These Terms are a binding agreement between the entity identified during registration to the Service. You must ensure that your employees, consultants and agents that are designated by you to use and deal with the Service for your benefit fully comply with these Terms and you will be fully liable for any breach of these Terms by such employees, consultants or agents.

  • Use and License. Subject to these Terms, the completion of your registration and your payment of any applicable fees, you may, during the Term, access and use the Service strictly for your internal business purposes. To this end, we grant you a limited non-exclusive license to install the Joobilix Application, as further provided herein.

  • Data. You are responsible to thoroughly review, check and evaluate the Candidates' Professional Data and determine which actions shall be taken with respect to any such Candidate. We are not responsible or liable for your reliance upon, or use of, the Professional Data of the Candidates, your actions in connection with the Professional Data, or any consequences resulting therefrom. Any use by you of the Professional Data is also subject to our Privacy Policy [please add link], which forms a part of these Terms. We recommend that you review the Privacy Policy from time to time, as it is subject to changes in our sole discretion. In addition, you and/or anyone acting on your behalf may not use, share and disclose any Professional Information only with any thirdparty, other than as set in these Terms and for the purpose set herein. We will process, handle and use your Service Data and Feedback as explained in section 6.3 below and will take precautions to maintain the confidentiality of your data.

  • Fees. The basic use of the Joobilix App is free of charge. Certain premium features are subject to payment of fees, as may be determined by Joobilix from time to time and as further provided herein and as shall be notified in the Joobilix App.

  • Restrictions. You may not use the Service in any of the objectionable manners explained in section 8 below.

  • Term. With regard to any part of the Service which includes a subscription for premium features regarding a specific event or activity – such subscription shall terminate upon the conclusion of the relevant event or activity or at the date set in such subscription, as applicable. With regards to any part of the Service which is subject to a paid renewable subscription, upon the end of each subscription cycle, your subscription will be automatically renewed for successive subscription cycles, unless you choose to terminate such subscription through the App before the end of the subscription cycle. We may terminate your subscription by providing you

    • a prior notice of termination by email at least 30 days before the end of the subscription cycle;

    • an immediate notice of termination, in case of breach of any of these Terms. With regards to any part of the Service which is provided free of charge, these Terms will continue until terminated by either party, with no less than forty eight (48) hours prior, written notice, to the other party. You may also terminate such part of the Service by changing the relevant preferences in your Account or by closing your Account, as applicable.

  • Intellectual property. All legal rights in the Service, including all intellectual property rights, are ours (including in and to the Professional Data). Obviously, we don’t own your Service Data.

  • Disclaimer of warranty. The Service and any and all data provided by the Candidates are provided for use “as is”. We disclaim all warranties and representations with respect to the Service and the Professional Data.

  • Limitation of liability. Both your own liabilities and our liabilities in connection with these Terms and the use the Joobilix App are limited as set out in section 10 below.

  • Indemnity. You agree to indemnify us and hold us harmless in case of a third-party complaint, claim, plea, or demand in connection with your breach of any provision or representation in these Terms or any action or omission that you (or anyone on your behalf) may take in connection with the Professional Data and/or any Candidates introduced to you through the Joobilix App.

  • Law & jurisdiction. Use of the Service is governed by the laws of the State of Israel and disputes will be adjudicated exclusively in courts in Tel Aviv Israel. Terms of Service

    1. Your relationship with us These Terms are a binding agreement between the entity identified during registration to the Service (“you” or “your”), and Joobilix Ltd. (“we”, “us”, “our”, "Joobilix" or the “Company”). The individual signing-up to the Service for the entity confirms that

      • such entity has the proper authority to legally bind the entity to these Terms and that

      • such entity is contractually bound by these Terms.

    2. Definitions.

      1. “Joobilix App” means the Company’s proprietary application to be installed on your representative's mobile phone or other devices (to the extent possible, from time to time), for the purpose of managing your recruitment process.

      2. “Data” mean Professional Data and Service Data, collectively.

      3. “Feedback” means information, suggestion, idea or content concerning enhancements, changes, upgrades, updated or additions to the Service that you request, desire or suggest.

      4. “Fees” means the applicable service fees, as set forth in section 7.1.

      5. “Professional Data” means any and all information, materials and data provided through the Jobbilix App by any Candidate or any other person related thereof that is available to you on the Service, describing Candidate's education, experience, availability, expectations and skills.

      6. "Service Data” means the data we collect and process in the course of providing the Service about the use of the Service, including de-identified data, bandwidth utilization, and statistical or aggregated information about the use of the Service and all pertinent information at your disposal concerning bugs, errors and malfunctions in the Joobilix App, performance of the Joobilix App, its compatibility and interoperability.

      7. “Candidates” means users of the Joobilix App seeking employment opportunities.

      8. “Term” means the period of these Terms as specified in section 9 below.

    3. Interpretation. As used herein, the term “including”, means including, but not limited to, and without limitation, to the generality of the preceding phrase.

    4. License and Use.

      1. Subject to these Terms and your payment of any applicable Fees, you may, during the Term, access and use the Service, strictly for your internal business purposes. Without derogating from the foregoing, Joobilix hereby grants you a limited, non-exclusive, non-transferable non-sublicense-able and non-assignable license to use the Joobilix App during the Term, within your internal HR activities, pursuant and subject to these Terms.

      2. You must ensure that your employees, consultants and agents that you designate to use and deal with the Service for your benefit fully comply with these Terms. You are liable to us for all acts or omissions of those that use and deal with the Service for your benefit, on your behalf or otherwise through your account, as though you yourself had performed those acts or omissions.

    5. Registration and user account.

      1. When you open a user account (“Account”), you may be required to provide details and/or select a password (“Login Information”). You must safeguard and not disclose your Login Information and you must supervise the use of such Account. You will be responsible for all uses of your Login Information, including purchases, whether or not authorized by you. In the event you become aware of or reasonably suspect any breach of security, including, without limitation any loss, theft, or unauthorized disclosure of your Login Information or unauthorized access to your Account, you must immediately notify us and modify your Login Information. We recommend that for security reasons, passwords should be changed regularly.

      2. If the Service and/or Account were created and/or purchased by another party for you to use (e.g. in order for you to recruitment activities for your employer/company), such party has the right to control access to and get reports on your use of the Service and/or the Joobilix App.

      3. Without our prior written consent, you may not sublicense, sell or otherwise transfer your Account to a third party. You must provide accurate and complete information when creating an Account and you agree not to misrepresent your identity or your Account information or open an Account using a false identity or incorrect information, or on behalf of someone other than yourself. You are responsible for anything that happens through your Account, whether or not such actions were taken by you. You therefore acknowledge that your Account may be terminated, suspended, deleted or removed if someone else uses it to engage in any activity that violates these Terms or is otherwise improper or illegal. You shall not open an Account or use the Joobilix App if you have previously been removed by Joobilix.

        YOU AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT, AND YOU ACKNOWLEDGE THAT ALL RIGHTS IN AND TO AN ACCOUNT ARE AND SHALL BE OWNED BY JOOBILIX. YOUR ACCOUNT WILL BE CONSIDERED ACTIVE UNTIL WE RECEIVE YOUR REQUEST TO DEACTIVATE OR DELETE IT OR IN THE EVENT THAT WE DECIDE TO TEMPORARILY OR PERMANENTLY LIMIT, SUSPEND OR TERMINATE YOUR ACCOUNT (AS FURTHER DETAILED HEREIN). NEVERTHELESS, WE RESERVE THE RIGHT TO TERMINATE AN ACCOUNT THAT HAS BEEN INACTIVE FOR AT LEAST 365 CONSECUTIVE DAYS.

    6. Data.

      1. You are solely and exclusively responsible:

        • for all actions you take in response to the Professional Data and any other information provided to you as part of using the Service (either through the Joobilix App or otherwise);

        • to review any information provided to you via or in connection with the use of the Service, including, without limitation, the Professional Data, and determine what actions are appropriate in light thereof;

        • to carry out such actions as you deem appropriate in connection with each Candidate, to the extent that such actions comply with these Terms and all applicable laws. Any use by you of the Professional Data is also subject to our Privacy Policy [please add link], which forms a part of these Terms. We recommend that you review the Privacy Policy from time to time, as it is subject to changes in our sole discretion. You and/or anyone acting on your behalf may not use, disclose or share any Professional Information with any third-party, other than as set in these Terms and for the purpose set herein.

      2. We are not responsible or liable for your Data or your reliance upon and use of the Professional Data or any other information provided through or in connection with the Service, your actions in connection with such information and the Professional Data, or any consequences resulting therefrom.

      3. You acknowledge and agree that we may process your Data on your behalf in order to provide you with the Service. You further acknowledge and agree that we will handle and use (by ourselves or using trusted third-party service providers such as cloud service providers) the Service Data and Feedback as follows:

        1. To provide the Service to you, conduct administrative and technical activities necessary to maintain and provide the Service and to improve and customize the Service;

        2. To conduct analysis or generate metrics related to the Joobilix App;

        3. For commercial and marketing purposes, publication of case studies and white papers;

        4. To bill and collect Fees, enforce these Terms and take any action in any case of dispute, or legal proceeding of any kind involving you with respect to the Service;

        5. To prevent fraud, misappropriation, infringements, and other illegal activities and misuse of the Service;

        6. To provide the Service to you and other customers, to enhance the Service, to develop new products and services, for research and testing and for any other purpose we determine. You will not be entitled to any remuneration from us, for our use of such Feedback and Service Data.

      4. We may disclose or share your Data, if we are required, or reasonably believe we are required, by law, pursuant to a subpoena, order, or decree, issued by a competent judicial or administrative authority, provided that, to the extent legally permitted, we will endeavor to give you prompt notice of the requirement prior to such disclosure, to allow you, at your cost and expense, to intervene and protect its interests in your Data.

      5. We may transfer your Data if we will be acquired by or merged with another company. If that should occur, user information is typically one of the assets that get transferred. Similarly, if Joobilix or most of its assets were acquired, or in the unlikely event that we go out of business or enter bankruptcy, your Data could be transferred or acquired. You should be aware that such events can occur, and you allow us to transfer your Data in such event. If such event occurs, the buyer may continue to use your Data.

      6. Subject to the foregoing, we will take precautions to maintain the confidentiality of your Data, in a manner no less protective than we use to protect our own similar assets, but in no event less than reasonable care. We will not use or disclose your Data except as described above or otherwise subject to your express, prior, written permission. Our personnel, staff, advisors and consultants will access your Data on a strict 'need to know' basis, subject to these Terms.

      7. We may delete your Data from the Service, upon termination of these Terms. You are responsible for maintaining back-up copies of your Data. The Service does not provide, and is not intended as, data back-up service.

      8. We may store and process any personal data (that is available to us) outside of the European Economic Area and outside your home country.

      9. You will not be entitled to receive any remuneration from us for any use, utilization, publication or examination of such Service Data and Feedback, provided that in the event of publications, the data we publish does not identify you specifically.

      10. To the extent that your Data is subject to legal protection (such as trade secrets or privacy), then you are responsible to, and shall, obtain and maintain valid consents and permissions, as may be necessary under applicable law, in order to allow us to lawfully collect, handle, retain, process and use your Data in the manners and for the purposes set forth in these Terms.

    7. Fees.

      1. The basic features of the Joobilix App are provided to you free of charge. Certain premium features are subject to fees, as may be determined by Joobilix.

      2. We may, at any time and in our sole discretion, change a free-of-charge feature to a feebased feature. If we will make such change or if you choose to purchase any premium feebased features, we will notify you in writing, and the following shall apply:

        1. In consideration of the provision of the Service to you, you will pay us, as of your registration to the Service, the Fees, in accordance with the packages, schemes, amounts and subscription cycle (if any) presented to you upon registration or otherwise in writing.

        2. All Fees are quoted in US Dollars, unless expressly stated otherwise. Fees may be payable by third-party payment processing provider approved by us, from time to time, or through wire transfer. We may, from time to time and without specific notice to you, add additional payment methods to the then-current payment methods, or cease to use previously supported payment methods. We may require additional information from you before completing payment transactions.

        3. You must keep the billing information you provided us upon registration current, complete, and accurate, and notify us promptly in case of any change in your billing information.

        4. You hereby acknowledge that we have the right to bill you for any applicable taxes (such as sales tax, value added tax), and any surcharges or commissions charged by the payment processor or your selected payment method.

        5. All of your payment obligations are non-cancelable and all amounts paid in connection with the Service are non-refundable, unless otherwise agreed in writing.

        6. Payment methods may be processed and handled through relevant third party payment processors. Payment methods are therefore subject not only to these Terms, but also the terms and conditions of these third parties pursuant to your contractual relations with them. You acknowledge that the third parties processing any of the payment methods may charge you commission on their end of the transaction. We are not responsible for such commission, which is strictly within your contractual relations with the relevant payment processor.

      3. We may modify, adapt, improve, or enhance the Service, or any of its features, user interface, design or any other aspect related to it, without being obligated to provide you notice thereof. If we enhance the Service to include new or additional features or capabilities, we reserve the right to amend these Terms or the applicable Fees and post such amendments on the Joobilix App at least thirty (30) days before the amendments will become effective. If you do not agree to the amendments in their entirety, we reserve the right to terminate these Terms pursuant to subsections 9.1 and 9.2 below.

    8. Restrictions.

      1. Except as relevant law may otherwise require to be permitted, you may not modify, make derivative works of, disassemble, de-compile or reverse engineer any part of the Service, or otherwise attempt to discover its underlying code, structure, implementation or algorithms.

      2. You may not use the Service in order to develop, or create, or permit others to develop or create, a product or service similar or competitive to the Service.

      3. Except for your Data, you may not offer the Service to third parties, including by reselling, licensing, renting, leasing, transferring, lending, timesharing, assigning or redistributing the Service or any part thereof.

      4. You may not perform or attempt to perform any of the following in connection with the Service:

        1. Breaching these Terms or any other applicable rules, guidelines and instructions that we may convey with respect to the Service;

        2. Breaching the security of the Service, identifying, probing or scanning any security vulnerabilities in the Service or breaching the security of any Data;

        3. Accessing data not intended for you, or accessing an Account you are not authorized to access;

        4. Interfering with, circumventing, manipulating, overloading, impairing or disrupting the operation, or the functionality of the Service;

        5. Working around any technical limitations in the Service;

        6. Using any tool to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the Service;

        7. Collecting or processing information or data about the Service’s subscribers;

        8. Instituting, assisting or becoming involved in any type of attack, including without limitation distribution of a virus, worm, Trojan horse or other malicious or harmful code or attachment, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other persons use or enjoyment of the Service;

        9. Using robots, crawlers and similar applications to scrape, harvest, collect or compile content from or through the Service, for any purpose whatsoever, including, without limitation, for commercial use and/or for the purposes of competing with the Service, or in such ways that may impair, disrupt or damage the Service’s functionality;

        10. Displaying or embedding content from the Service, including by any software, feature, gadget or communication protocol, which alters such content or its design;

        11. Impersonating any person or entity in a manner that violates any third party rights;

        12. Abusing, harassing, threatening or intimidating other users of the Service;

        13. Linking to the Service from web pages or applications that contain pornographic content or content that encourages racism or wrongful discrimination;

        14. Sending, uploading to or making available within the Service any Content which may be considered as -

          • Infringing or violating intellectual property rights of other parties, including copyrights, patents, trade secrets and trademarks;

          • Identifying minors, their personal details or their address and ways to contact them;

          • Constituting a violation of a person's right to privacy or right of publicity;

          • Threatening, abusive, harassing, defamatory, libelous, vulgar, violent, obscene or racially, ethnically or otherwise objectionable;

          • Unsolicited commercial communications (“spam”), chain letters, or pyramid schemes;

          • Otherwise prohibited by any applicable law.

      5. YOU MAY NOT USE THE SERVICE FOR ANY ACTIVITY THAT CONSTITUTES, OR ENCOURAGES CONDUCT THAT WOULD CONSTITUTE, A CRIMINAL OFFENSE, GIVE RISE TO CIVIL LIABILITY OR OTHERWISE VIOLATE ANY APPLICABLE LAW.

      6. WE MAY EMPLOY MEASURES TO DETECT AND PREVENT FRAUDULENT OR ABUSIVE USE OF THE SERVICE, AS WELL AS MISUSE OF THE SERVICE. WE MAY SUSPEND OR TERMINATE YOUR ACCOUNT ON AND ACCESS TO THE SERVICE, WITHOUT PRIOR NOTICE, IF WE, IN OUR SOLE DISCRETION, BELIEVE THAT YOU HAVE ENGAGED IN FRAUDULENT OR ABUSIVE USE, OR MISUSE, OF THE SERVICE. WE WILL NOT BE RESPONSIBLE FOR ANY DAMAGE THAT MAY BE CAUSED FROM SUCH SUSPENSION OR TERMINATION OF YOUR ACCOUNT, OR BLOCKING THE ACCESS TO YOUR ACCOUNT.

    9. Term and Termination

      1. These Terms commence upon the earlier of: (a) the date on which you accept the these Terms, or (b) first installation or use by you of the Joobilix App. With regard to any part of the Service which includes a subscription for premium features regarding a specific event or activity – such subscription shall terminate upon the conclusion of the relevant event or activity or at the date set in such subscription, as applicable. With regards to any part of the Service which is subject to a paid renewable subscription, upon the end of each subscription cycle, your subscription will be automatically renewed for successive subscription cycles, unless you choose to terminate such subscription through the App before the end of the subscription cycle. We may terminate your subscription by proving you a prior notice of termination by email at least 30 days before the end of the subscription cycle. With regards to any part of the Service which is provided free of charge, these Terms will continue until terminated by either party, with no less than forty eight (48) hours prior, written notice, to the other party. You may also terminate such part of the Service by changing the relevant preferences in your Account or by closing your Account, as applicable.

      2. Notwithstanding the foresaid, either party may terminate this Agreement immediately upon notice in the event of a material breach of these Terms by the other Party.

      3. Immediately upon termination of these Terms:

        1. We may (in our sole discretion) terminate your Account on the Service and delete any Data stored in your Account on our systems (if any);

        2. You must cease any and all use of the Service and Joobilix App;

        3. Permanently uninstall the Joobilix App from all devices in your possession or control;

        4. We may charge you for all then-outstanding Fees (if any) incurred by you.

      4. Sections in these Terms that by their purpose of nature should survive termination of these Term, will so survive.

      5. For the avoidance of any doubt, in the event of termination of employment or engagement of any of your representatives using the Joobilix App, such representative’s access to your Account on the Joobilix App will be denied. You may contact us in order to request us to block any of your representatives from accessing your Account on the Joobilix App. We and any of our Staff (as defined below) will not be liable or responsible for any unauthorized use of or access to your Account.

    10. Service quality; Service modifications

      1. We will use reasonable efforts to have the Service operate properly. However, we do not guarantee that the Service will operate in an uninterrupted or error-free manner, or that it will always be available, free from errors or omissions, malfunctions, bugs or failures, including, but not limited to, software failures and communication failures. If we receive notice of any failure or malfunction, or if we identify them by ourselves, we will endeavor to regain the Service's or Website’s full availability as soon as practicable. However, such incidents will not be considered a breach of this Agreement.

      2. You acknowledge that we may, at our sole discretion, suspend the operation of the Service, for periodic maintenance purposes and/or limit the scope of the services rendered by the Service to any particular section or page on the Joobilix App.

    11. Intellectual Property.

      1. The Service is a proprietary offering of Joobilix, protected under copyright laws and international copyright treaties, patent law, trade secret law and other intellectual property rights of general applicability. The Service is made available for use and access and is not sold or licensed.

      2. Except for your limited access to use the Service and the Professional Data according to these Terms, these Terms do not grant you or assign to you any license, right, title, or interest in or to the Service, Service Data and Feedbacks or the intellectual property rights associated with it. All rights, title and interest, including copyrights, patents, trademarks, trade names, trade secrets and other intellectual property rights, and any goodwill associated therewith, in and to the Service (including the Professional Data) or any part thereof, including computer code, graphic design, layout and the user interfaces of the Service, whether or not based on or resulting from Feedback, but excluding your Service Data, are and will remain at all times, owned by, or licensed, to us.

      3. Unless you notify us otherwise in writing, and notwithstanding anything to the contrary herein, we may identify you as a customer and indicate you as a customer and user of the Service, on our website and in other online or offline marketing materials and press releases. We acknowledge that your company name and logo are protected by intellectual property rights. You grant us a worldwide, non-exclusive, non-transferable, royalty-free and free of charge, license, to use your name, logo and website URL, on our Service, website and in other online or offline marketing materials relating to the Service. We will use this content strictly in accordance with any usage guidelines you informed us of in advance.

    12. DISCLAIMER OF WARRANTY YOU ACKNOWLEDGES THAT SERVICE IS IN BETA STAGE AND IS NOT AT THE LEVEL OF PERFORMANCE AND COMPATIBILITY OF A FINAL, GENERALLY AVAILABLE PRODUCT OFFERING. SERVICE MAY NOT OPERATE CORRECTLY AND MAY CONTAIN ERRORS. THE SERVICE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” BASIS, “WITH ALL FAULTS”. WE AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, ADVISORS AND AFFILIATES (COLLECTIVELY THE “STAFF”) DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE AND ITS CONTENT, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, NON-VIOLATION, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY, ACCURACY, ENHANCED GOODWILL, EXPECTED BENEFITS OR COMPLETENESS. YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE SERVICE IS ENTIRELY, OR AT THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK. WITHOUT LIMITING THE FOREGOING, WE SPECIFICALLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES THAT (1) THE SERVICE OR THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS IN ANY WAY; (2) THE SERVICE WILL ALWAYS BE AVAILABLE OR FREE FROM MALWARES, COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS; (3) THE SERVICE WILL MEET YOUR REQUIREMENTS OR FULFILL ANY OF YOUR NEEDS; (4) THE INFORMATION POSTED TO OR IN THE SERVICE WILL BE ACCURATE, BENEFICIAL OR RELIABLE. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING STATEMENTS REGARDING CAPACITY OR SUITABILITY FOR USE OR PERFORMANCE OF THE SERVICE, WHETHER MADE BY OUR STAFF OR OTHERWISE, WILL BE DEEMED TO BE A WARRANTY BY US FOR ANY PURPOSE, OR GIVE RISE TO ANY LIABILITY OF JOOBILIX WHATSOEVER.

    13. LIMITATION OF LIABILITY EXCEPT FOR BREACH OF OUR CONFIDENTIALITY OBLIGATIONS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, WE, INCLUDING OUR EMPLOYEES, CONSULTANTS, DIRECTORS, SHAREHOLDERS, ADVISORS, SERVICE PROVIDERS AND/OR ANYONE ACTING ON OUR BEHALF, WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, STATUTORY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGE OR LOSS (INCLUDING LOSS OF PROFIT, DAMAGE TO AND LOSS OF DATA, CONTENT, MATERIALS OR OTHER INTANGIBLE LOSSES OR OTHER ECONOMIC LOSS), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACT, OR IN ANY OTHER FORM OR THEORY OF LIABILITY, ARISING FROM, OR IN CONNECTION, WITH THIS AGREEMENT, INCLUDING ANY USE OF, OR THE INABILITY TO USE THE SERVICE, THE DATA OR YOUR ACCOUNT; ANY THIRD PARTY HARMFUL ACTS ADVERSELY IMPACTING YOUR IT SYSTEMS; ANY DAMAGE TO OR LOSS OF DATA; ANY RELIANCE UPON THE SERVICE OR THE EXPECTED OUTCOME OR BENEFITS FROM ANY INFORMATION OR CORRESPONDENCE; ANY ERROR, INCOMPLETENESS, OR INCORRECTNESS, OR INABILITY TO PROPERLY RECOVER DATA; ANY OTHER FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE; ANY CONTENT PRESENTED ON THE SERVICE; ANY COMMUNICATIONS, DEALINGS, TRANSACTIONS OR INTERACTIONS WITH OTHERS THROUGH THE SERVICE; ANY FAULT, OR ERROR MADE BY ANY PERSON ON OUR BEHALF; OR ANY DENIAL OR CANCELATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR INFORMATION ON THE SERVICE. YOU RECOGNIZE AND AGREE THAT THE WARRANTY DISCLAIMERS AND LIABILITY AND REMEDY LIMITATIONS IN THESE TERMS ARE MATERIAL BARGAINED FOR BASIS OF THESE TERMS AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT AND REFLECTED IN THE DECISION BY YOU TO ENTER INTO THESE TERMS.
      TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES WILL JOOBILIX, ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS AND EMPLOYEES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID JOOBILIX IN THE 6 MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID JOOBILIX ANY AMOUNTS IN THE 6 MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH JOOBILIX IS TO STOP USING THE JOOBILIX APP AND TO CANCEL YOUR ACCOUNT.

    14. Indemnity.

      1. You agree to indemnify and hold harmless us and our directors, officers, employees, and subcontractors, immediately upon our first request and at your own expense, from, and against, any damages, loss, costs, expenses and payments, including reasonable attorney’s fees and legal expenses, arising from any complaint, claim, plea, or demand raised by any third party (including, without limitation, any Candidate and/or any party on its behalf) in connection with your breach of any provision or representation in these Terms and/or in connection with any claim raised by any Candidate in connection with any action or omission taken by you or anyone on your behalf in connection with such Candidate and/or the Professional Data of such Candidate.

      2. If we seek indemnification from you, we will provide you with

        • notice of any indemnifiable claim;

        • all reasonable assistance and cooperation in the defense of such indemnifiable claim and any related settlement negotiations, at your expense;

        • control over the defense or settlement of such indemnifiable claim, provided, however, that we may settle or reach compromise on any such claim without your consent, if and to the extent such settlement or compromise does not impose any liability (monetary, criminal or otherwise) on you. We will have the right to participate, our own expense, in the defense (and related settlement negotiations) of any indemnifiable claim with counsel of our own selection.

    15. Governing Law and Venue.

      1. Regardless of your jurisdiction of incorporation, the jurisdiction where you engage in business, where you access the Service from, these Terms and your use of the Service will be exclusively governed by and construed in accordance with the laws of the State of Israel, excluding any otherwise applicable rules of conflict of laws, which would result in the application of the laws of a jurisdiction other than Israel.

      2. Any dispute, controversy or claim which may arise out of or in connection with these Terms or the Service, shall be submitted to the sole and exclusive jurisdiction of the competent courts in the Tel Aviv district in Israel. Subject to the following sentence, you and us, each hereby expressly consent to the exclusive personal jurisdiction and venue of such courts, and waive any objections related thereto including objections on the grounds of improper venue, lack of personal jurisdiction or forum non conveniens.

      3. Notwithstanding the foregoing, we may also lodge a claim against you: (a) pursuant to the indemnity clause above, in any court adjudicating a third party claim against us; and/or (b) for interim, emergency or injunctive relief in any other court having general jurisdiction over you.

    16. Assignment. You may not assign these Terms without our prior written consent, which we shall not unreasonably withhold or deny. Any purported assignment without our prior written consent is void. To the greatest extent permissible by law, we may assign these Terms (in their entirety or only any portion thereof), including any of the rights, duties, liabilities, performances and/or obligations herein, by providing you a notice (but without obtaining your further specific consent), to a third-party, at any time. By virtue of such assignment, the assignee assumes our stead, including all right, duties, liabilities, performances and obligations hereunder, and we are released therefrom.

    17. Relationship of the parties. The relationship between the parties hereto is strictly that of independent contractors, and neither party is an agent, partner, joint venturer or employee of the other.

    18. Subcontracting. We may subcontract or delegate the performance of any of our rights and/or obligations under these Terms, or the provision of the Service (or any part thereof), to any third party of our choosing, provided however, that we remain liable to you for the performance of our obligations under these Terms. You acknowledge and agree that the technical means by which we provide the Service is at our sole discretion.

    19. Complete Terms and Severability. These Terms constitute the entire and complete agreement between you and us concerning the subject matter herein. These Terms supersede all prior oral or written statements, understandings, negotiations and representations with respect to the subject matter herein. If any provision of these Terms is held invalid or unenforceable, that provision shall be construed in a manner consistent with the applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions will remain in full force and effect. These Terms may be modified or amended provided however that any amendment will be posted in the Jooblix App and will become in force and effect within thirty (30) days as of the date on which such amendment will be posted for the first time.

    20. No waiver. Neither party will, by mere lapse of time, without giving express notice thereof, be deemed to have waived any breach, by the other party, of any terms or provisions of these Terms. The waiver, by either party, of any such breach, will not be construed as a waiver of subsequent breaches or as a continuing waiver of such breach.

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You may contact us with any questions or comments, at: admin@tribely.com
Last updated: October 3, 2018

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