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Terms of Use

Effective date: April 2, 2019

Introduction

Thank You (“You”, “Your”) for using services!

Please read the following terms of use (“Terms of Use”) carefully before using Our Android application, Our iOS application (together “Our Apps”) or Our website (“Our Website”) so that You are aware of Your legal rights and obligations with respect to Mickey M Hld. Ltd., its affiliates and its subsidiaries (“We”, “Us”, “Our”).

By using Our Apps or Our Website (collectively “Our Services”) You confirm You have read and understood these Terms of Use, Our privacy policy (“Privacy Policy”) and Our cookie policy (“Cookie Policy”). Further You agree to Our Terms of Use and acknowledge Our Privacy Policy and Our Cookie Policy. If You do not agree with any of these terms, You are prohibited from using or accessing Our Services.

Laws and Regulations

You agree to be bound by all applicable laws and regulations, and agree that You are responsible for compliance with any applicable local laws.

Our Services

Currently using Our Services are free. We reserve the right to

  • change the pricing policy of Our Services; or
  • discontinue or modify any aspect of Our Services at any time, at Our sole discretion and without notice;

Use License

Permission is granted to temporarily download one copy of Our Apps per device and use Our Website. This permission is for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license You may not:    

  • launch any automated system or program to automatically collect information from Our Services, the servers We use or the services We use (collectively “Our Properties”);
  • distribute, modify, copy, transmit, broadcast, display, sell, license, decompile or exploit any text, document, description, product, product pictures, product information, product prices, offer, link, graphic, photo, picture, sound, video, interactive feature, service, software, data or any other information contained in Our Properties (collectively “Material”);
  • use the Materials for any commercial purpose, or for any public display (commercial or non-commercial);
  • remove any copyright or other proprietary notations from the Materials;
  • transfer the Materials to another person or “mirror” the Materials on any other service or server;
  • attempt to decompile or reverse engineer any software contained in Our Properties or communication sent by or to it;
  • use Our Properties to send unsolicited or unauthorized mail, advertisements or any other spam;
  • transmit to Our Properties or use them to transmit any software viruses or other harmful computer code, files or programs;
  • disrupt servers or networks used for delivering Our Services;
  • circumvent, disable or otherwise interfere with security related features of Our Properties;

This license shall automatically terminate if You violate any of these restrictions and may be terminated by Us at any time. Upon terminating Your viewing of these Materials or upon the termination of this license, You must destroy any downloaded Materials in Your possession whether in electronic or printed format.

All the below sections will survive any termination of these Terms or Your use of Our Services.

The Materials contained in Our Services are protected by applicable copyright and trademark law.

“Chercher”, the Chercher logo, and other related marks are Our marks. All other trademarks, service marks, and logos used on Our Services are the trademarks, service marks, or logos of their respective owners.

Disclaimer

Our Services and the Materials appearing in them are provided on an ‘as is’ basis. We make no warranties, expressed or implied, and hereby disclaim and negate all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

Further, We do not warrant or make any representations concerning the correctness, accuracy, likely results, availability, reliability or security of Our Services, the Materials, the use of the Materials on Our Services or materials on any site or platform linked to Our Services. You assume total responsibility and risk for Your use of Our Services and Your reliance thereon.

Accuracy of Materials

The Materials appearing in Our Services can include technical, typographical, or photographic errors. We do not warrant or guarantee that any of the Materials on Our Services are accurate, complete, reliable, current, or error-free. We may make changes to the Materials contained in Our Services in Our sole discretion, at any time and without notice, but do not make any commitment to do so. Your use of the Materials appearing in Our Services, or any part thereof, is made solely at Your own risk and responsibility.

Our Services by their nature are linked to services, websites and applications operated by third parties that are not owned or controlled by Us, including without limitation affiliate networks and stores (collectively “Linked Services”).

We did not review the Linked Services and assume no responsibility for the content, policies or practices of the Linked Services or the products they sell. The inclusion of any of the Linked Services does not imply endorsement by Us. By using Our Services, You expressly release Us from any and all liability arising from Your use of the Linked Services.

Limitations

In no event shall We, Our affiliates, or any of Our or their respective officers, directors, employees, licensors, assigns, agents or suppliers (collectively “Us and Those Working On Our Behalf”) be liable for any damages (including, without limitation, special, indirect, incidental, punitive, consequential, damages for loss of  money, goodwill, reputation, data or profit, or damages due to business interruption) arising out of the use or inability to use Our Services, even if We or Our authorized representative has been notified orally or in writing of the possibility of such damage.

In any event and without limiting the generality of this section to the extent permitted by law You agree that Our total liability to You for all damages and losses shall not in any circumstances exceed an aggregate of the amount paid by You, if any, in the 12 months immediately preceding the event giving rise to the claim, for accessing and using Our Services.

Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to You.

Indemnity

You agree to defend, indemnify and hold harmless Us and Those Working On Our Behalf from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from:

  • your use of Our Services;
  • your violation of the Terms of Use;
  • your violation of any third party rights, including without limitation any copyright, property, publicity or privacy rights; or
  • any interaction or transaction entered into, or not entered into, between You and the Linked Services or any other third party;

Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Us without restriction.

Modifications

We reserve the right, at Our discretion, to modify without prior notice Our Terms of Use, Our Privacy Policy or Our Cookie Policy (collectively “Terms and Policies”). Such modifications will be effective 10 days following the posting of the modification to Our Website or upon providing a notice to You, whichever occurs first (“Change Effective Date”). We will notify You of the modifications via a message We will show on Our Services. You should continue checking the Terms and Policies for changes. You can find each effective date at its top.

By using Our Services following the Change Effective Date You confirm You accept and agree to be bound by the updated Terms and Policies.

Governing Law

The Terms and Policies and the relationship between You and Us are governed by and construed in accordance with the laws of Israel, without regard to its principles of conflict of laws. You and Us agree to submit to the personal and exclusive jurisdiction of the courts located in Tel- Aviv, Israel and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

General

The Terms and Policies shall constitute the entire agreement between You and Us concerning Our Services.

If any provision of the Terms and Policies is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms and Policies, which shall remain in full force and effect.

No waiver of any term of the Terms and Policies shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under any of the Terms and Policies shall not constitute a waiver of such right or provision.

You and Us agree that any cause of action arising out of or related to Our Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

Contact Us

If You have questions or concerns with regards to Our Terms and Policies, please do not hesitate to contact Us at legal@chercher.app.