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English | עברית


Last updated and effective as of May 24, 2018

TERMS OF USE
 

 

Thank you for using Visitt™ mobile and web applications (the “Apps”). The Apps are operated and owned by O.N.H. Development and Entrepreneurship Ltd., a company registered in Israel with company number 515545689 (the “Company”). ‘We’, ‘us’ or ‘our’ means the Company, and ‘you’ or ‘your’ means the user of either or both of the Apps.

 

 

Scope of License

This is a non-transferable license granted to you by the Company to use the Apps on any Android or iOS device that you own or any desktop, laptop or tablet computer. This license does not allow you to use the Apps on any device that you do not own or control unless the owner of such device gave you permission to use it, and you may not distribute or make the Apps available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Apps. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Apps, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law). Any attempt to do so is a violation of the rights of the Company. If you breach this restriction, you may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by the Company that replaces and/or supplement the original Apps unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

 

 

Consent to Use of Data

The Apps provides a digital platform for streamlining the delivery and management of facility services. When you use the Apps, you will:

 

  • Allow Visitt™ to save all the data regarding the workflow, according to the Privacy Policy

  • Create and manage service calls and maintenance visits to your sites;

  • Receive statistics about sites, users, issues, and visits;

  • Upload and receive images regarding specific problems across your assets;

  • Be automatically notified via SMS or email about relevant events in the workflow;

  • Provide location data from GPS or/and Bluetooth devices as to proximity to certain locations (optional).

(the “Services”).

 

You agree to the provision of the Services via your mobile device and/or desktop/laptop/tablet computer. In addition, you agree that upon your registration to use the Apps, you will be asked to provide your mobile number, name and other information (unless previously provided by your employer who engages the Services). Such information will be stored on the Company’s (or its contractors) servers for the purpose of providing the Services, as well as for statistical and internal purposes.  The Company shall not use the information provided by you or collected from you other than as set forth in the Privacy Policy, which you can find here.

 

No Warranty 

The Company and any other parties involved in the creation, production, delivery, storage and activation of the Apps and the Services, provide the Apps and the Services ‘as-is’ and expressly disclaim any and all warranties, express and implied, including but not limited to any warranties of accuracy, reliability, title, merchantability, non-infringement, fitness for a particular purpose or any other warranty, condition, guarantee, or representation, whether oral, written or in electronic format, including but not limited to the accuracy or completeness of any information contained therein or provided by the Apps and the Services. The Company bears no responsibility for the accuracy, content or legality of anything contained in the information transferred or recorded using the Apps, including but not limited to defamatory, offensive, infringing, illegal, copyrighted, obscene, indecent or other unlawful or objectionable material or information. The Company shall not be liable to any breach of privacy of any user or a third party while using the Apps and shall not be liable for any loss or damages whatsoever from the use of, or reliance on, the Apps. All information and content transferred between users of the Apps is under the exclusive control and own risk of you and other users and Company shall have no liability with respect to such information and content whatsoever. The Company and other parties involved in the creation, production, storage or delivery of the Apps make no warranty, implied or explicit, that any part of the Services will be uninterrupted, error-free, virus-free, timely, secure, or accurate. The Company reserves the right to withdraw or amend the Services provided on the Apps without notice. The Company shall not be liable if for any reason the Apps are not available at any time or for any period. From time to time, the Company may restrict access to some parts of the Apps, or the entire Apps, if required, for maintenance or other reasons.

 

Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL THE COMPANY, ITS OFFICERS AND SHAREHOLDERS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APPS OR THE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall the Company’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount paid by you to the Company in the preceding twelve (12) months. The foregoing limitations will apply even if the above-stated remedy fails of its essential purpose.

 

Intellectual Property

All intellectual property rights in the Apps, including but not limited to copyright, trademarks, content, and design of the Apps is owned by the Company. Any use of the Apps, including copying, publishing, republishing, distributing, downloading, storing whether in whole or part, other than for your personal use on the device which the Apps was downloaded to, is prohibited without the written permission of the Company.

 

Termination

If you breach the provisions of the Terms of Use, we reserve the right to suspend or permanently terminate your access to the Apps.

 

Content

All features, content, specifications, products, and prices of products and services described or depicted on this Apps, if any, are subject to change at any time without notice.

 

Indemnity

You agree to defend, indemnify and hold the Company and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorney fees, related to or in connection with (i) the use of the Apps or your placement or transmission of any content or information on this Apps by you; (ii) your violation of any term of this Terms of Use; (iii) your violation of any third party right, including without limitation any right of privacy, publicity rights or intellectual property rights; or (iv) your violation of any law, rule or regulation of any country.

 

Jurisdiction

These Terms of Use shall be governed by and construed exclusively in accordance with the laws of Israel under the exclusive jurisdiction of the courts of Tel Aviv, Israel.  If you choose to access this Apps from outside of Israel, then you are responsible for compliance with local laws if and to the extent local laws are applicable.

 

Entire Agreement

These terms and conditions are the entire agreement between you and the Company and supersede any prior understandings or agreements (written or oral).

 

Copyright © 2018 O.N.H. Development and Entrepreneurship Ltd. ALL RIGHTS RESERVED.

 

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