TERMS OF USE

We Are Coming

We, TaTiO Ltd. (hereinafter: "TaTiO", "Company", "we" or "our") congratulate you (hereinafter: "User(s)" or "You") for using the Company's platforms (including the Company's website https://www.tatio.io/ (hereinafter: the "Website"), mobile application, social media, etc.). The Company's platforms are used to locate and evaluate work candidates.

 

1. Acceptance of the Terms of Use and Preconditions

Please read our Terms of Use and Privacy Policy which appear on the Company's Website at https://www.tatio.io/ (hereinafter: the "Privacy Policy"; which forms an integral part of these Terms of Use) carefully and thoroughly as these Terms of Use constitute a binding agreement between you and the Company and their instructions shall apply to any use of the Company's platforms, the Website and/or the Company's services. The browsing, entry or use of the Website as well as the use of the Company's services through it and/or other means, constitutes your approval and consent that any such use of the Website or the Company's services will be made in accordance with the terms and conditions of these Terms of Use.

 

If you are using the Company's services on behalf of an organization, you agree to these Terms of Use for that organization and its authorized users and represent that you have the authority to bind that organization to these Terms of Use.

If you do not consent to any of the Terms herein, you are obligated, immediately, to refrain from logging in, connecting or using the Company's Website and/or services.

Users under the age of 18 are prohibited from signing up for the Company's services and must immediately stop using these services or the Company's Website. In the event that we are notified that a minor under the age of eighteen uses the Services, we will block this user, and make every effort to immediately delete any personal information (as the definition of this term is in our privacy policy) collected about them.

2. The Services

Our platforms are used to locate work candidates and provide an evaluation of work capabilities (above and below: the "Services" and/or the "Company's Services").

The Services may include information and content such as articles, reviews, data, news, analytics, content, evaluations, FAQs, contact information, videos, text, files, logos, images, information collections, links, customized content, technical information, documentary material , knowledge, know-how, specifications, designs, the "look and feel" of the Site, algorithms, source code, interfaces, GUI, interactive features, graphics, illustrations, drawings, animations and other features that are available in the Services and/or enable their activities to be provided, which will be made available to the Users of the Website, as well as by any means, including any end device (hereinafter: the "Content(s)").

The services and Content are provided as is (As-Is), according to their availability (As Available) and without any representation in relation to their nature and/or quality and/or their suitability for the User's needs or for any particular use. The Company may, at its sole discretion and without prior notice, add, detract from, limit, change, amend, cancel or suspend the services provided by it and/or the activity of the Website or the provision of content and information through them and/or any part thereof. You agree and acknowledge that the Company does not bear any responsibility, towards you or others, in relation to or in connection with these actions and/or their consequences (including any loss of data).

Furthermore, by their very nature, the services provided by the Company in general and the Internet services, in particular, may be subject to interruptions and/or breaks and/or various technical faults, including faults in the Company's software, hardware, communication lines, or physical infrastructure, including temporary or constant interruptions, and are subject to traffic loads on the global and local Internet.

 

3. User Account

In order to enjoy all the content and Services offered by the Company, you will be asked to create a user account/sign up to the Site. As part of this, you will be required to choose a username and password. As part of the registration process you must provide complete and accurate information and update it from time to time.  The account is personal and non-transferable and each private user has the option to set up only one user account.

You are solely and fully responsible for maintaining the confidentiality of your password and username, and subsequently for any activity carried out under your user account. The Company shall not be liable for any loss or damage caused as a result of unauthorized use of your account, or due to a security breach. Notwithstanding the foregoing, you must immediately report any unauthorized use of your account and any security breach to the Company.

Suspending your account

We may suspend your user account, for any reason and at our sole discretion, including if we believe that one (or more) of the following events have occurred: (A) There is a risk to the security or privacy of your account; (B) There is a threat to the security or integrity of our network or our servers; (C) The suspension was required to protect the rights, property or safety of the Company, its users or the public; (D) Violation of these Terms and/or any unlawful action; (E) There is a concern that you or your account are being used for the purpose of trading in prescription drugs or illegal substances (F) We are required to do so by law.

 

4. User Obligations, Restrictions and Prohibited Uses

The User undertakes to only use the Services and the Website in a lawful manner, and in compliance with the provisions of the Terms of Use and any law. Without derogating from the generality of the aforesaid, and subject to the provisions of any law, the User warrants and undertakes that he will not use the Company's Services and/or the Website for the purpose of any of the following:

  • Use of the website and/or Services for any immoral, offensive purpose (blasphemy, threats, expressions of rudeness, racism, and violence), unauthorized and/or prohibited purpose and/or for commercial purposes;

 

  • Misuse of the technological resources of the Company and its servers as well as the rights granted to the User as part of the provision of the Services or in a manner that may harm and/or cause damage to these resources and create a large and unreasonable load on these resources;

 

  • Posting pornographic material, prostitution, prohibited gambling, or the use of dangerous drugs, including links to other sites that include such content;

 

  • Impersonation, identity theft, deception, or any other fraud, including phishing, hacking, cracking, sniffing, password recovery, or any other method;

 

  • Wiretapping or invasion of privacy and/or attempting to access another user's private information without obtaining the express consent of that user or any attempt to gain access in any way to an account that is not his own, whether manually or using any robot, spider (Crawler, Any application for search or retrieval, or the use of any other manual or automated means, process or method to retrieve, collect and/or extract information (Data Mining/Data Scraping);

 

  • Damage to a person's good name, including in violation of the Prohibition of Defamation Act;

 

  •  Make false statements or misrepresent our relationship with any person or entity, or explicitly or implicitly indicate that the Company is affiliated with you in any way, sponsors you, supports you, your service, your business or statements, or presents defamatory, false, or inaccurate information about the Company or its services;

 

  • Infringement of copyrights, promotional rights, patents, trademarks, or any other proprietary rights, of any other third party and/or the Company, including trade secrets, or advertising products and services that infringe such property rights;

 

  • Copy, modify, adapt, deliver, make accessible, translate, reverse-engineer, convert binary code to object source, decompile, or separate any part of the Website or display to the public, create derivative works, perform in public, distribute, transmit, copy, display, process, sublicense, make any commercial use, sell, lease, transfer or make similar uses of the Services, Website, the Content and/or User Content;

 

  • Disruption of the proper functioning of a computer, disruption of computer material, or intrusion into a computer, by means of a "virus", "Trojan horse", "spyware", or any other means such as those which may harm, or are intended to harm, the activity of any hardware, software, communication equipment, code or component, including in contravention of the Computer Act, 5755-1995 as well as access to prohibited areas on the server, probing, using or scanning systems and data;

 

  • Collect and/or create a database by downloading and storing all or part of the content and/or user content, make any use of the content and/or user content on any other website or service or computer network, for any purpose, without the Company's prior written consent;

 

  • Prohibited distribution of e-mail (junk mail/spam) and/or sending a large number of relays, which include the Internet address (IP) to search engines or other indexes, in an attempt to achieve a better ranking in the search engine or index and which leads to a complaint from administrators of such search engine and/or index; Moreover, to create a browser environment, frame, create a copy or perform in-line linking or Deep linking to any part of the Site and content;

 

  • Prohibited import or export.

 

  • An action that violates another obligation under any law or under an agreement and/or the use of the Website and/or the app and/or the content for any purpose that exceeds reasonable use.

 

5. User Content

It is possible that the Website publishes content that originates from the various users of the Company's Services. In addition, as part of the Company's Services, you may be required to enter and/or upload user content, including text, images and videos or clips (hereinafter: "User Content").

You undertake that you may not publish the User Content as stated and that you will not publish or upload any User Content that is in your possession in violation of any law, agreement, or other obligation and/or that according to the Terms of Use (see Section 4 above) and/or according to law it is forbidden to publish or upload it. You also warrant that such User Content does not infringe any rights of any third party including, intellectual property rights, privacy, or publicity rights.

Although the Company has no obligation to filter, edit or monitor any User Content, the Company reserves the right, at its sole discretion, to remove, delete or edit, without providing any prior notice, any User Content on the Website, at any time and for any reason. It is your responsibility to back up all your user content, at your own expense.

It is clarified that the Company does not bear any responsibility for the Users' Content, and the sole responsibility for them and for any result arising from them applies to the User who submitted them for publication. These contents do not express the opinion or position of the Company and their publication does not guarantee their validity, reliability, accuracy or legality.

The Company may also impose restrictions on the use of the Services, including limiting the size of storage space available for Users to upload User Content.

Video, Audio & Session Recording

If you are an employment candidate, as part of the Services provided by the Company, you will be asked, among other things, to perform various tasks and answer structured questionnaires. As part of performing the tasks and filling out the questionnaires on the Company's platforms, you may be asked to allow the Company to record and/or sample your activities within the Company's platforms, among other things by video audio, sound, and session recording.  

(A) Agreeing to these terms and/or (B) your online confirmation (sending an email/clicking a confirmation button or any similar button), constitutes your permission allowing the Company to use this data and all in accordance with these Terms of Use and the Company's Privacy Policy.

 

6. Privacy and Data Security

We respect the privacy of our Users and are committed to protecting the personal information that Users choose to share with us. Our policy for collecting information of all kinds is described in our Privacy Policy, which constitutes an integral part of these Terms of Use. The User agrees to and approves that the Company will use the User's personal information in compliance with the privacy policy.

7. Intellectual Property Rights

The Website, Services, Content, proprietary assets of the Company and all intellectual property rights relating thereto, including but not limited to, inventions, patents, and patent applications, trademarks and trademark applications, trade names, good will, copyrights, trade secrets, domain names, whether registered or registrable or not (hereinafter, collectively: "Intellectual Property") are the property of the Company and/or licensed to it and protected by copyright laws, other intellectual property laws and by international conventions and agreements.

Pursuant to the foregoing, you may not copy, distribute, publicly display, publicly perform, transmit to the public, modify, process, create derivative works, market, sell or rent any part of the above, whether by yourself or through or in collaboration with a third party, in any way or means, whether electronic, mechanical, optical, means of photography or recording or by any other means and manner, without obtaining the prior written consent of the Company.

The Company does not claim ownership of the User Content but will treat User Content in accordance with the provisions of these Terms and the Privacy Policy; the Company may also take any action necessary to provide the Services, including copying content for backup, caching, and transfer to service providers and/or potential employers.

These Terms of Use do not grant the User a right to the Company's Intellectual Property, but only a limited non-exclusive, revocable right of use in accordance with the provision in these Terms of Use. It should be clarified that any right that has not been expressly granted to the User in compliance with these Terms of Use is reserved by the Company and/or its licensors. For the avoidance of doubt, no provision of the Terms constitutes a waiver of the Company's intellectual property under any law.

8. Website Advertisements, Commercial Content, and External Links

The Company enables and may enable in the future other third parties to display advertisements on the Website and/or Content and Services. In this context, the User may view suggested services, content, links, information, or advertisements of any third parties - some through links that allow Users to leave the Website and access third-party sites or services that are not under the control of the Company.

The Company is not responsible for any such third party links or websites, including but not limited to their availability, for any advertisement, benefit, product or other information that appears on them or is available through them or any link contained therein. In addition, the Company is not responsible for the privacy policies of these third parties, or for other practices they use. Any engagement with such third parties is at your own risk and expense, and the publication of such contents and links on the Company's Website and/or Services does not constitute a recommendation or encouragement to purchase the services, assets or products offered on them.

9. Limitation of Liability and Indemnification

Although an effort has been made to ensure the quality and accuracy of the Content on Website, the Company's Services and the Content appearing on them may have been subject to errors, omissions or inaccuracies. The User is aware that the Website and/or the Services and/or the Content cannot be adapted to the needs of each and every person and therefore the User and/or anyone on his behalf shall not have any claim, demand or suit towards the Company and/or anyone on its behalf regarding the Website's features and/or the Services and/or the Content, their capabilities, limitations or their adaptation to expectations and requirements, being complete, correct, legal or accurate.

Without derogating from the above, we do not guarantee that the Website is free of faults and/or errors or other harmful components. We also do not warrant that the Website will be uninterrupted, secure, error-free and immune to unauthorized access.

In accordance with the aforesaid, the Services are provided As-Is, and without any representation in relation to their nature and/or quality and/or their suitability for the User's needs or for any particular use and/or the accuracy of the contents in them.

In view of all the above, the parties agree that the Company shall not be liable for any damage, direct or indirect, caused to the User or anyone on his behalf and/or a third party of any kind, including but not detracting from the generality of the above, incidental, consequential, indirect or punitive damages, or damages resulting from loss of profits, loss of data or disruption of the course of business and which result from the use of the Website and/or the Services provided through it and/or the content appearing on it and/or an act or omission of the User or any third party.

Without derogating from all of the foregoing in these Terms of Use, if determined by a competent court that the Company must compensate and/or indemnify the User, the amount of compensation and/or indemnification that the Company will pay the User shall not exceed the amount paid by the User to the Company in the 12-month period prior to the indemnifiable event.

Indemnification

The User undertakes to indemnify and hold the Company and/or anyone on its behalf harmless for any claim, damage, loss, obligation, liability, expense and debt incurred by it and/or anyone on its behalf, including full legal expenses and attorney's fees, as a result of any an act or omission by the User in connection with the Services provided to him by the Company, including in connection with his use of the Website and/or in content that is not in accordance with the Terms of Use or any other violation of the Terms of Use; Infringement on the part of any right of a third party, including but not limited to, intellectual property rights or the right to privacy; the content of the Users uploaded to the Website by the User and/or any damage of any kind, whether direct, indirect, special or consequential damage caused by a third party or the Company, which is related to his use of the Website and/or the Content. You acknowledge that you shall not agree to any settlement in any matter subject to indemnification by you without first obtaining our written consent to do so.

10. Termination Changes to The Terms of Use

The Company shall be entitled, at its sole discretion and inter alia due to a suspicion of a violation of these provisions by the User to suspend and/or cancel the User's access to the Website, Content and/or the Services provided through them immediately without prejudice to any other remedy reserved to it in accordance with any law and/or agreement.

The Company may change, at its sole discretion,  any term of the Terms of Use and/or anything directly and/or indirectly related to the provision of Services, all by publishing accordingly updated Terms of Use, and the wording of Terms of Use as published on the Website is the effective wording at all times.

If we have to change the Terms in order to meet the legal requirements, these changes will take effect immediately or as required by law, without prior notice.

11. General Provisions 

Capping the Statute of Limitations - In light of the nature of the use of the Website and/or the Company's Services, it is hereby agreed that any claim, suit or demand made against the Company, its officers employees  or any one on their behalf shall be limited to a period of 12 months  and this section shall be regarded as an agreement for a limitations period under section 19 of the Statute of Limitation Law, 5718-1958.

The titles or headings of the paragraphs and subparagraphs of These Terms of Use are for convenience of reference only and are not to be considered in construing These Terms of Use.

These Terms of Use embodies the entire understanding and agreement among the parties hereto and supersedes all prior agreements and understandings (whether oral or written) relating to the subject matter hereof. These Terms of Use shall not be amended or terminated except by an instrument in writing signed by the parties hereto. These Terms of Use do not create and shall not be construed as creating a partnership relationship, a joint venture, an employee-employer relationship, a vocation relationship, or a franchisee-recipient relationship between the parties.

The Company may assign these Terms of Use or any rights or obligations under these Terms of Use to any other third party, at its sole discretion. The User shall not assign Terms of Use or any rights or obligations under Terms of Use without the prior written consent of The Company.

If any provision of these Terms of Use is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be automatically adjusted to the minimum extent necessary for validity or enforceability. In any event, the remaining terms and provisions of these Terms of Use shall remain in full force and effect.

The failure of The Company to enforce any provisions of these Terms of Use shall not be deemed a waiver or limitation of The Company right to subsequently enforce and compel strict compliance with every provision of these Terms of Use.

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Israel regardless of any applicable conflict of law provisions. Any dispute arising under or in relation to These Terms of Use shall be resolved exclusively in the competent courts located in Tel Aviv - Jaffa, Israel and each of the parties hereby irrevocably submits to the exclusive jurisdiction of such court.

The parties agree that any correspondence related to these terms shall be in writing (by e-mail) to the email address provided by the User at the time of signing up with the Company and the Company's services when opening an account, and to the Company to the email address: info@tatio.io

 

 

Last update August 2022