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Terms of Use

Last updated: November 10, 2021

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

Definitions

For the purposes of these Terms, the words of which the initial letter is capitalized have the meanings as defined below and 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.
  • Account means a unique account created for You to access Our Service or parts of Our Service.
  • Agent means a legal entity’s officer, director, shareholder, employee, contractor, licensor, assign, agent, service provider 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.
  • Content refers to any Material that can be created, posted, uploaded, linked to or otherwise made available to the Service by You or by any other user, regardless of the form of that Material, including but not limited to, Product Lists and their attributes.
  • 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, product list, products list attribute, 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 or was 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.
  • Post means create, compose, post, upload, link or otherwise make Content available to the Service.
  • Product List refers to a product list You can create while using the Service by selecting specific products, regardless of the way they are selected.
  • Properties refers to the Service, the Servers or the Material.
  • Servers means any computer, network or other device used for delivering, developing, analyzing, supporting or otherwise maintaining the Service.
  • Service refers to the Application or the Website or both.
  • Terms of Use (also referred as “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 entire 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.

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

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.

User Accounts

Our Service allows You to create an Account. When You create an Account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your Account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and are solely responsible for any activities or actions under Your Account. We will not be liable for any losses or damages caused by any unauthorized use of Your Account.

You agree not to disclose Your password or otherwise allow access to Your Account to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your Account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

For more information about user accounts’ privacy, please see the User Accounts section on Our Privacy Policy.

Content

Your Right to Post Content

Our Service allows You to Post Content. You are solely responsible for the Content that You Post to the Service, including its legality, reliability, and appropriateness, and shall be solely responsible for the consequences of Posting it.

By Posting Content to the Service, including but not limited to Product Lists and their attributes, You grant Us the right and a free, worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicenseable and transferable license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service or any other media, in any format, free of charge, subject to Our Privacy Policy. You retain any and all of Your rights to any Content You submit, Post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.

You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the Posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.

Content Restrictions

The Company is not responsible for the content of the Service’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under Your Account, whether done so by You or any third party using Your Account.

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

  • Unlawful or promoting unlawful activity of any kind in any jurisdiction.
  • Unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes.
  • Creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement.
  • Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
  • Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
  • Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of either Us or a third party.
  • Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
  • Impersonating any person or entity including the Company and its employees or representatives.
  • Violating the privacy of any third person.
  • False information and features.

We reserves the right, but not the obligation, in Our sole discretion, at any time and for any reason, to (1) determine whether or not any Content is appropriate and complies with this Terms; (2) refuse any Content; (3) delete or remove any Content from the Service; (4) read, monitor, censor, modify, format, edit or move any Content; (5) change the appearance and manner of any Content; and (6) limit or revoke Your use of the Service if You Post objectionable Content.

You acknowledge that the Company cannot control all content Posted by users and/or third parties on the Service and agree to use and/or rely on the Service solely at Your own risk and responsibility. You understand that by using the Service You may be exposed to content that is erroneous, inaccurate, incompetent, incomplete, incorrect, indecent, non useful, objectionable, offensive, outdated, unreliable, unsafe, unsuitable for any purpose or that infringes intellectual property rights of third parties, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of Your use of, or reliance on, any content, or any part thereof.

Content Backups

Although regular backups of Content are performed, the Company do not guarantee there will be no loss or corruption of data.

Corrupt or invalid backup points may be caused by various reasons including, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.

We will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that We have no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.

You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

Intellectual Property Infringement

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content Posted on the Service infringes a copyright or other intellectual property infringement of any person.

If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of Our copyright agent via email at dmca@chercher.app and include in Your notice a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright.

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing Our copyright agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
  • A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
  • Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
  • Your address, telephone number, and email address.
  • A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact Our copyright agent via email at dmca@chercher.app. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

Intellectual Property

The Service, the Material and the Marks (excluding Content provided by You) are and will remain the exclusive property of the Company and its 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, products, goods, services, privacy policies, return policies, business practices or any other policy or practice of any Third-party Site, even if such a Third-party Site is linked from the Service or We have a business relationship with its owners.

More over, You acknowledge that (i) We do not sell, resell, or license any products or services that may be available on any Third-party Site; (ii) We may show Third-party Sites’ advertisements on the Service; and (iii) We may collect commissions from Third-party Sites We refer You to.

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, whether linked from the Service or not.

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

Ads Disclaimer

To keep Our Service free We collect commissions from Third-party Sites We refer You to if You completed a purchase following the referral.

For more information please see the Advertising Partners section on Our Privacy Policy and Your Choices section on Our Cookie Policy.

Termination

We may terminate or suspend Your Account or 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.

If You wish to terminate Your Account, You may delete it using the delete option available through the Application. For more information please see the User Accounts section on Our Privacy Policy.

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 through a transaction executed between You and the Company, in connection with the event giving rise to the claim, minus any fees and other amounts paid to third parties. If there isn’t such a transaction, the amount shall be limited to 50 USD.

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 unavailable, incompetent, unreliable, unuseful, unsafe, unfitting, unexpected, fake 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; (vi) arising out of any content available or not available on the Service (vii) arising out of any interaction or transaction entered into, or not entered into, between You and any third party; or (viii) 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 and the Material are 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 its and their respective Agents, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service and the Material, including without limitation, representations, all implied warranties of merchantability, merchantable quality, fitness for a particular purpose, title and non-infringement, and warranties that may arise by statute, 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, be free of security breaches, be free of virus attacks and the like, 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 its or their respective Agents makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service; (ii) as to the information, content or materials included in the Service or otherwise available through it; (iii) that the goods that are displayed on the Service are available, can be supplied on time, match their pictures and description as displayed on the Service, are suitable for any purpose, are of reasonable quality, are safe, are not fake, or are not damaged; (iv) that the Service will be uninterrupted or error-free; (v) as to the availability, timeliness, correctness, accuracy, competency, completeness, reliability, performance, suitability for any purpose, usefulness, safety, the intellectual property rights or currency of any information, material or content provided on or through the Service (including but not limited to products’ information, products’ pictures, product lists and Third-party Sites’ information); (vi) as to the security of any information You may provide except as expressly stated in Our Privacy Policy; or (vii) that the Service, the Servers, the Material, or any communication sent from or on behalf of the Company (such as, but not limited to, e-mails or notifications) are free of errors, inaccuracies, viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components or information.

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 its 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 and Your reliance thereon; (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