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Terms of Use

Last updated: October 07, 2020

Please read these terms of use carefully before using Our Service.

Definitions

For the purposes of these Terms, the following definitions shall have the same meaning regardless of whether they appear in singular or in plural:

  • Application means the software program provided by the Company downloaded by You on any electronic device, named Chercher
  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  • Agent means a legal entity’s officer, director, shareholder, employee, contractor, licensor, assign, agent or supplier.
  • Company (also referred to herein as “the Company”, “We”, “Us” or “Our”) refers to Mickey M Hld. LLC, 7 Mevo Gilat St., Tel Aviv, Israel.
  • Feedback means feedback, innovations or suggestions sent by You regarding the technology, attributes, performance or features of our Service.
  • Material means any part or the whole of any text, document, description, product, product picture, product information, product price, offer, link, graphic, photo, picture, sound, video, content, feature, function, service, software, software code, data or any other content, information or software contained in or otherwise available through the Service or the Servers or both.
  • Mobile Device means a cellphone or a digital tablet.
  • Marks means any trade dress, trademark, service mark or logo available through the Service.
  • Properties refers to the Service, the Servers or the Material.
  • Service refers to the Application or the Website or both.
  • Servers means any computer, network or other device used for delivering, developing, analyzing, supporting or otherwise maintaining the Service.
  • Terms mean these terms of use that form the entire agreement between You and the Company regarding the use of the Service.
  • Third-party Site means a third-party web site, application or service that is not owned or controlled by the Company.
  • Website refers to the Chercher web site, accessible from https://chercher.app
  • You (also referred to herein as “Your”) means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These Terms govern the use of the Service and constitutes the agreement between You and the Company regarding the Service. These Terms apply to all visitors, users and others who access or use the Service and set out their rights and obligations regarding the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms. By accessing or using the Service You agree to be bound by these Terms. If You disagree with any part of these Terms You may not access or use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with Our Privacy Policy and Our Cookie Policy. These policies describe Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read these policies carefully before using Our Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Changes to Our Service

Currently using the Service is free. We reserve the right to change the pricing policy of the Service as well as discontinue or modify any aspect of the Service at any time, at Our sole discretion and without notice.

Usage License

Permission is granted to temporarily download and use one copy of the Application per Mobile Device and to use a browser to browse the 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 system or program to collect information from the Properties without Our prior written permission;
  • distribute, modify, copy, transmit, broadcast, display, sell, license, decompile or exploit the Material;
  • use the Material or the Marks in connection with any product or service;
  • use the Material for any commercial purpose, or for any public display (commercial or non-commercial);
  • remove any copyright or other proprietary notations from the Material;
  • transfer the Material to another person or legal entity;
  • “mirror” the Material on any other service or server;
  • attempt to decompile or reverse engineer any software contained in the Properties or communication sent by or to it;
  • use the Properties to send unsolicited or unauthorized mail, messages, notifications, advertisements or any other spam;
  • transmit to the Properties or use them to transmit any software viruses, malware or other harmful computer code, files or programs;
  • disrupt the Servers or otherwise interfere with the Service delivery; or
  • circumvent, disable or otherwise interfere with security related features of the Properties;

This license shall automatically terminate if You violate any of these restrictions or breach the Terms and may be terminated by Us at any time for any reason at Our sole discretion without prior notice or liability. Upon the termination of this license, You must stop using or otherwise accessing the Service and destroy any copy of the Application and any Material made available to You under this license, whether in electronic or printed format.

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

Intellectual Property

The Service, the Material and the Marks are and will remain the exclusive property of the Company and their licensors.

We reserve all rights not expressly granted in and to the Service, Our Material and Our Marks. They are protected by copyright, trademark, and other laws of both the state of Israel and foreign countries.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Our Service by its nature contain links to Third-party Sites that are not owned or controlled by the Company.

The Company does not endorse or guarantee, has no control over, and assumes no responsibility for, the content, sold products, goods, services, privacy policies, return policies, business practices or any other policy or practice of any Third-party Site, even if such Third-party Site is linked from the Service or we have a business relationship with its owners.

More over, You acknowledge that We do not sell, resell, or license any products or services that may be available on any Third-party Site and that We may show Third-party Sites’ advertisements on the Service.

By using the Service, You expressly assume total responsibility and risk for Your use of any Third-party Site, Your reliance thereon and any interaction or transaction entered into, or not entered into, between You and any Third-party Site. You further acknowledge and agree that the Company and its Affiliates and all their respective Agents shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through any Third-party Site.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

For more information please see the Advertising Partners section on our Privacy Policy.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms.

Upon termination, Your right to use the Service will cease immediately. For more information please see the Usage License section above.

Limitation of Liability

Notwithstanding any damages that You might incur and without limiting the generality of this section to the extent permitted by law, You agree that the entire liability of the Company and its Affiliates and all their respective Agents under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You to the Company (excluding any third party) in connection with the event giving rise to the claim, or 50 USD if You haven’t purchased anything from the Company.

To the maximum extent permitted by applicable law, in no event shall the Company or its Affiliates or any of their respective Agents be liable for any damage (including but not limited to (i) special, incidental, indirect, punitive or consequential; (ii) for unfitting, unexpected or damaged goods; (iii) for loss of money, loss of profits, loss of goodwill, loss of reputation, loss of privacy, or loss of data or other information; (iv) for business interruption; (v) for personal injury; (iv) arising out of any interaction or transaction entered into, or not entered into, between You and any third party; or (vi) otherwise in connection with any provision of these Terms) arising out of or in any way related to the use of or inability to use the Service, even if the Company or its Affiliates or any of their respective Agents has been advised of the possibility of such damage and even if the remedy is delayed or otherwise fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and their respective Agents, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor its Affiliates nor any of their respective Agents makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; (iv) as to the security of any information You may provide except as expressly stated in Our Privacy Policy; or (v) that the Service, the Servers, the Material, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

By using the Service, You expressly assume total responsibility and risk for Your use of the Service and Your reliance thereon.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Indemnity

You agree to defend, indemnify and hold harmless the Company, its Affiliates and their respective Agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) Your use of the Service; (ii) Your violation of the Terms; (iii) Your violation of any third party right, including without limitation any copyright, property, publicity or privacy right; or (iv) any interaction or transaction entered into, or not entered into, between You and any third party.

Governing Law

The laws of the state of Israel, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting Us at legal@chercher.app.

By using the Service you expressly and irrevocably submit to the exclusive jurisdiction of the courts in Tel Aviv, Israel, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

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.

Translation Interpretation

These Terms may have been translated. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms of Use

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms, please contact Us by email at legal@chercher.app