The preamble to this document together with its appendices constitutes an inseparable part of the document.
Titles are for convenience only and shall not be used for interpretation.
For convenience only, these Terms are written in the male form, but it is collectively intended for both genders.
For the avoidance of all doubts, it is hereby clarified that the Hebrew version of Terms and Conditions shall apply, and versions in other languages may be set only for convenience; in any case, if any differences occurred between versions – the Hebrew version shall always overcome.
Definitions
“The Company” – “WorkEat” Ltd. (a company to be incorporated).
“The Hosting Company” – a company that entered into an agreement with the Company to provide services.
“The Agreement” – This Terms of Use document.
“The Site” – a designated website that allows the Users to order dishes in the kitchen and/or the dining room and/or in another facility of the Hosting Company, dishes that will afterward be prepared in the kitchen, and allows a User to upload an opinion to the site about the dish and about the kitchen.
“The Users” – whoever uses the Site, whether he is an employee or guest of the Hosting Company.
The purpose of this agreement is to set the relationship between the Company and the Users of the Site.
The registration to the Site and the use of it serves as a consent and acceptance of the terms of this agreement. A User who does not agree to all or part of these Terms of use is not allowed to use the Site or part of the services that are provided through it in any way whatsoever.
These Terms apply to every use of the Site, and the use of one term in it shall apply, mutatis mutandis, for the other term.
It is hereby clarified that these Terms of Use act simultaneously and are subject to the terms of use of any third parties’ terms of service, if there will be any, as well as subject to the internal procedures of the Hosting Company, and they come to supplement to them.
2. Terms of Use
The User undertakes to avoid performing the following actions regarding the Site and the services that are provided through it:
To surf, scan or use the Site through computer programs that are intended to gather information or to perform actions by way of imitating a regular surfer, including Bots or Crawlers etc.
To manipulate URL addresses of internal pages in order to reach internal pages he does not have direct access to (URL Hacking).
To upload or transfer content, or to do actions, which violate the laws of the State of Israel, or any law; including avoiding from uploading, transferring or publishing content that may infringe copyrights, trademarks, or a trade secret of someone else, to publish defamation, obscenities, or violate the privacy of someone else.
To do any activity, which is not in accordance with this agreement, in the design of the Site, in the source code, or in elements and contents that appear on the Site, the right of which to do so is exclusively granted according to the Copyright Law, 5778-2007 to the owner of the Sites copyright.
A violent, blatant, criminal, or other conduct, which may be in any way hurtful towards the Company, the Hosting Company, the other Users of the Site or the service providers supplying through the Site (such as the food suppliers who operate the kitchen of the Hosting Company).
The Company maintains the right:
To cease or prevent the service, or parts of it, from a User who breached one of the articles of this agreement or any law; all according to the exclusive discretion of the Company and/or the Hosting Company, without it being required to notify the User in advance. No claim by the User in this matter will be heard.
To remove every content or cancel every activity that was done by the User, which may violate any of the terms of the agreement or any law.
The Company will be entitled to block any address or device that has not been approved by the Company to use on its products, or which may damage the Company or its products – all according to the Companys exclusive discretion without being required to provide a prior notice.
3. User Account
Access to the services will be allowed only to a User who registered to the Site, and who provided to the Company certain details, which will be determined by the Company (hereinafter: “the User Account” or “the Account”). There is a possibility, according to the choice of the Hosting Company, to automatically create an Account by a system that is run by the Hosting Company.
The following provisions will apply in creating a User Account:
It is forbidden to create a User Account that contains details that are not the true and full details of the one who is opening the Account.
It is forbidden to create a User Account for a person who is not authorized on behalf of the Hosting Company to use the Site and to order through it dishes from the kitchen of the Hosting Company.
It is forbidden to create an Account for a person who is not present in front of the computer screen or telephone while creating the Account, or for whom who does not approve the terms of this agreement. In respect to these provisions, it should be emphasized that impersonation is a criminal offense.
It is hereby made clear that even though the Company takes measures to secure the content of the Users Account, it cannot absolutely guarantee that the Account will not be exposed because of an unauthorized penetration into the User Account, and therefore, the User will not have any claim against the Company regarding damages that will be caused to him because of an unauthorized penetration into his Account.
The Company may send to the User at the time that the User Account is created, a text message that includes a temporary code, intended for the purposes of identification and registration. The User allows the Company to send such text messages as stated, and he undertakes to keep the code in confidence, to be used only for personal registration. It is forbidden to transfer the code to anyone.
The User allows the Company to send to his e-mail address, according to the one entered into the User Account, updates and confirmations regarding the Users activity on the Site and every other notice, and the User specifically approves to the Company to send him personal notices and/or e-mail messages as far as the Company will consider it necessary for verifying orders or contents that are uploaded by the User.
4. The Payment through the Site
In the process of paying for certain dishes, you may be transferred to a page of the clearing company/ies with which the Company will work (hereinafter: “the Clearing Company”).
It is possible that after you entered the details of the credit card into the Clearing Companys system you may be required for the purpose of completing the purchase to verify your identity by ways that the Clearing Company will determine from time to time.
It should be emphasized that the details of the credit card will be found and/or kept and/or managed only by the Clearing Company, and only to their responsibility and liability. The Company doesn’t keep these details and is not responsible for their security and/or for every damage and/or loss and/or expense that will be caused to the User and/or to certain third party because of loss, including in the case of a data leakage and/or data hacking and/or to the security of the data.
The User hereby states that the personal details he will give to the Clearing Company will be correct, accurate, and up to date.
It is totally forbidden to use the personal details of someone else and/or impersonate someone else.
The Company will not be responsible in any case whatsoever for paying instead of the User, for indemnifying the User for any damage, loss or expense that will be caused to him because he used the services of the Clearing Company.
5. Restriction of Liability
It is hereby made clear that the Site and the services that are provided through it, will be provided by the Company As-Is. The Company will not incur any liability because of a certain damage that will be caused to the User (or to anyone on his behalf) because of the use of the Site or services that are provided through it; or because of the use of products or services of third parties, whether these services are provided digitally or in any other manner.
It is hereby clarified that the Company doesn’t undertake that the system will operate 100% of the time; because the Company will update and upgrade the Sites systems from time to time, which may cause a temporary interruption in providing the service; and the Company does not have any control over the availability of the services that are provided by third parties.
The User is responsible for examining, before the use of the Site, that it suits his needs, and the User will not have any claim because it is not compatible to his needs.
The User is responsible for verifying, before the use of the Site, that he is properly connected to the internet – the Company will not incur any liability for damage that may be caused to the User because of problems in his connection to the internet.
The Company will not be liable in any way for the contents that will be uploaded, transferred, or published through the application- whether those contents will be uploaded by the Hosting Company and/or by anyone on its behalf and/or by the Users of the Site. The liability for these activities will exclusively apply to the User, and no claim will be heard against the Company in this issue.
6. Irresponsibility for the Users' activities
As part of the application services and subject to these Terms of Use, the Users are entitled to upload and present on the Site a ranking and/or verbal opinion about the kitchen and/or about the dishes that are served in the kitchen (hereinafter: ‘the Users’ Content’).
It is hereby clarified that the mechanism of uploading all or part of the Users’ Content is a procedure that is conducted without human involvement, and the Company cannot verify the identity of the one who is uploading the content or examine the essence of the content that is uploaded before it is displayed, and the Company will not be liable for the Users’ Content that is displayed on the Site, or for its credibility, accuracy or compatibility to the needs of the other Users.
It is hereby clarified that the ranking and/or opinion do not reflect the position or opinion of the Company, but only reflect the position or opinion of the Users, and the User or supplier, as applicable, will not have any claim against the Company because of any Users’ content that is displayed on the Site.
Without derogating from article 6.3 above, if a User has a reason to believe that a single person is behind a number of rankings of one dish, he is welcome to draw the Company’s attention to the issue, and the Company maintains its right to cancel such ranking activities that were done in violation of these Terms of Use.
7. Uploading Content by a User
The User states and undertakes that the uploading of content to the Site, or the use of it by the Company or Users in accordance with these Terms of Use, does not violate the laws of the State of Israel or any law, including an infringement of copyrights or trademarks, disclosing a trade secret, or is not a violation of privacy, an obscenity, or the publication of defamation.
The User undertakes not to upload content that may violate a public policy, content that may violate the rights or hurt the feelings of a person, entity, or of a public, or misleading advertised content.
The Company doesn’t guarantee to display any content that is uploaded and reserves its right in accordance with these Terms of Use to refuse to upload content or to delete it.
The User shall be the owner of the copyrights for every content he uploaded to the Site and which he owns, but grants to the Company a perpetual, non-exclusive license for an unlimited time to make the content available to the public and to the Users of the application, and to use it according to the Company’s discretion, including for marketing purposes.
It is hereby clarified that the User, as the owner of the copyrights to the Users’ Content he uploaded, is responsible for the enforcement of the authorization to use this content.
The User allows the Company to make certain editing to the content that is uploaded to the site in order to adjust it to the format of the Site, and he is obligated to meet the editing terms, as they appear in the content of the edited pages that are on the Site.
8. Irresponsibility for the Advertisements and for Outbound Links
It is possible that advertisements for products or services of third parties may be displayed on the Site under the sponsorship of an external service, which adjusts the advertisements to the content of the page. It is hereby clarified that the Company does not have any control over the choice of the advertisements that are displayed, or over the order of their display, or over the credibility of their content.
Part of the hyperlinks that appear on the Site refer to sites that are managed or owned by third parties. It is hereby clarified that the hyperlinks to these sites were done only for the convenience of the User, and the Company did not examine them, and does not support them or is responsible for them, for their content or for their security, and the User is fully liable for using or delivering of information to these sites.It needs to be made clear that there is no difference between the marking of internal links and the marking of outbound links, and the User is therefore responsible for verifying the URL address to which he refers a link before he uses it.
9. A Notice about Violating Content
The Company is entrusted with compliance with the laws of the State of Israel – therefore, if you encounter content that violates the laws of the State of Israel or of any law, we would appreciate if you would draw our attention to that by sending a notice, which specifies the violating content and the nature of the violation, to the e-mail address [email protected]
10. Intellectual Property
The Company is the owner of all the rights, including the intellectual property rights (and including the Company’s trademarks if there are any), to all the services that will be provided by the Company and to all the tools that will be used by the Company in providing the services, including every change, modification, addition, or derivative work of the above, except for products and services supplied by third parties.
The User will not be permitted to use the Site or any of its services in a manner that contradicts the instructions of this agreement, and which may violate the rights of the Company or the rights of a third party – without receiving the Company’s written consent in advance.
The instructions of article 10 above will apply even after discontinuing the services and the termination of this agreement due to any reason whatsoever.
11. Change of the Terms
The Company will be entitled to make at any time changes in this agreement and its appendices without the need to provide advanced notice.
The User is responsible to enter this page in order to figure out whether changes were made to this agreement.
12. Indemnification
The User is obligated to indemnify and compensate the Company for every loss, damage or shortage (including expenses and attorney fees) that will be caused to the Company due to any demand or claim that will be directed to it by any party whatsoever as a result of the Users use of the Site; the User will indemnify the Company within 30 days from the day he received for the first time the Company’s written demand.
What is said in article 12 does not diminish from any other right or remedy the Company has according to this agreement or according to every law.
13. Governing Law and Jurisdiction
The exclusive and absolute jurisdiction in all the subjects and issues related to the agreement will be given to the competent court in the Tel Aviv-Jaffa District. The laws that will apply to this agreement are the laws of the State of Israel.