Welcome to the iSavta site (hereinafter the "Site") that is operated by the iSavta Ltd. company (hereinafter the "Operator").
If you do not agree to all the terms of this agreement hereafter without any exception, you are required to leave the site and to stop making any use of it.
2 The Site
The site is an internet site owned by the operator which provides free services to private users as well as to commercial users.
The site offers services and content for private users without any payment or other consideration (hereinafter the "Free Services"). No use shall be made of the free services for any commercial purpose, including but not only, for making contact with caregivers, making contact with employers, attempt to obtain customers or Subscriptions, advertising by a company or any other entity, or any other type of commercial activities. Any company or entity that requests to make use of the site for a commercial purpose is required to pay monthly Subscription fees for the paid services as set forth in the operator's price list.
The site is an internet site owned by the operator which provides services to private users as well as to commercial users, part of them paid services and part of them without payment, as set forth hereafter.
Paid services (hereinafter: the "Paid Services")
The site allows private users to make contact with nursing caregivers, including by means of sending notices in the site's system; receiving notices by electronic mail or by telephone; publishing bold notices, both on the site and on the facebook site of the operator, that are directed towards caregivers; extending the duration of the advertisements and advancing them; receiving different kinds of warnings.
The site allows commercial users (including professionals, nursing companies, old age homes etc...) to publish their services on the site (in the "personal area" of employers and/or the caregivers) to publish a special profile page of the services offered by them, including by publishing a gallery of photos.
Non payment services. In addition the site offers services and content for private users without any payment or other consideration (hereinafter the "Free Services"). No use shall be made of the free services for any commercial purpose, including but not only, for making contact with caregivers, making contact with employers, attempt to obtain customers or Subscriptions, advertising by a company or any other entity, or any other type of commercial activities. Any company or entity that requests to make use of the site for a commercial purpose is required to pay monthly Subscription fees for the paid services as set forth above.
The user declares that use of the site as mentioned was made for his personal use only and under his personal risk only.
The operator allows any person to use the various services existing on the site. However, the operator shall be entitled to remove content and/or to prevent or stop use of the site, in any event that improper and/or unreasonable and/or illegal use of the site shall be made, all according to the operator's sole discretion.
4 Restrictions of Using the Site
The following actions in the site and any information included and/or that shall be included in the future in the site, are completely prohibited, whether for consideration or without, and you are not entitled:
To remove and/or delete from the site a label and/or notice regarding any intellectual property right in the site, including but not only, regarding copyrights, trademarks, restrictions etc...;
To store, transfer or distribute data or content or to disclose them to the public- in full or in part- in any format, whether for payment or without;
Improper and/or unreasonable and/or illegal use of the site.
5 Change, Update and Upgrade of the Site
The operator is entitled to make and/or put changes and/or additions in the site according to its sole discretion at any time and without the need for an advance notice or notice after the fact, however, the aforesaid is not any undertaking of the undertaking of the operator to update the site.
6 Intellectual Property Rights
The operator is the exclusive owner of the property, the intellectual property rights including the moral rights in the site, including, but without limiting, regarding the idea that is at the basis of the site, its content, design, preparation and trademarks, and the manner of presenting and preparing the information that appears in the site, in the online pages included in it, in the classification, arrangement and presentation of the information and the advertisements and any other form of demonstration included in it, except for advertisements that appear in the site and that are not advertisements of the operator and/or of the site. The site is protected by the copyright laws, and the in intellectual property laws in Israel and other countries such as the United States, Canada, west European countries and more.
You agree and confirm that all the trademarks, copyrights, commercial names and all the other rights connected to the site (except for advertisements that appear in the site and that are not advertisements of the operator and/or of the site) are and shall remain the sole property of the operator.
The content may not be copied and/or published, in full or in part, whether if on the internet site and/or in any other means, and/or in any other manner, without an express permit for this in advance and in writing from the operator and use may not be made of it except for the user's private and personal needs, as opposed to commercial needs. Without derogating from the generality of the aforesaid, the content of the site out of the Iframe may not be presented without the operator's prior written approval. The content of the site many not be distributed and/or copied and/or published whether in the borders of Israel and/or outside of them, that is presented in a video formant and/or text format and/or that is present in any other electronic media, without the prior written approval of the operator.
You agree to give the operator permission to use in any manner that you shall see fit (and subject to any law) information that you shall choose to raise and/or share in the site.
You agree and confirm that all the data produced from the site is the exclusive property of the operator and/or the right holder that granted the operator a license to use this data.
You hereby waive any demand or lawsuit, directly and/or indirectly, regarding or connected with any right and/or ownership and/or matter whether in registration, patent and/or right to patent and/or trademarks and/or copyrights and/or trade names and/or logos and/or any mark that hints of any right of ownership in the site and/or any other right that is connected to the site, that solely belong to the operator or to anyone on its behalf.
You hereby waive any direct and/or indirect demand with respect to any right and/or ownership and/or matter if by registration, patent, copyright or with respect to trade names, trademarks, marks and/or any mark that hints of any right that the ownership rights in it solely belong to the operator and/or it is used by the operator and/or its agents and/or those acting on its behalf and/or in its name and with respect to any development, improvement and/or invention with respect to the site. You undertake to refrain from any risk, restriction, involvement and/or harm in any manner of the site, in the rights in it, and in the right or possibility of using the trademark, trade name and/or any name, mark and/or other mark that belong and/or shall belong to the operator and/or bodies associated with it.
7 Information of Third Parties
Part of the services that the site can provide include information the source of which is from third parties (hereinafter: the "Information of Third Parties").
The operator does not support or does not guarantee the accuracy and/or veracity and/or availability of any information of third parties and it does not undertake in any manner that the information of third parties shall be credible, full, accurate, updated, intact etc...
The operator, its managers, employees, and/or anyone on its behalf shall not be in any manner responsible and they shall not bear any liability, in any form or manner, for any damage that shall be caused to you or that you shall claim that it was caused to you directly or indirectly, as a result of using and/or relying on the information of third parties.
8 Liability and Service
The site is presented to you in its condition AS IS, and the operator does not give and it cannot be liable for the results received by the user of the site.
The operator does not warrant in any manner with respect to the performance and/or results that it shall receive from using the site and it does not warrant that the site's action shall be continuous or absent from errors and/or viruses and/or that the information presented by the site shall not include errors. In any event, one should not rely on information that the site provides as a sole means.
Information provided in the site shall not be regarded as giving any an offer, persuasion, consultation, undertaking and/or representation whether express or implied and/or by virtue of the any law, towards you as a user and/or any third party, including representations and/or warrants regarding quality, credibility, extent of accuracy, completeness and level to which the site is up to date.
The operator shall not be responsible in any way for any expense and/or damage – direct and/or indirect – and it shall not be responsible for consequential damage and/or loss of profits and/or loss of savings. These limits mentioned above shall apply only where there is no contradiction between them and the applicable law. You confirm that the maximum damage that can be reasonably expected does not exceed the sum paid as a Subscription fee to the site, if at all, and the refund of the Subscription fees shall constitutes fair, full and final compensation for any damage that could be caused to you due to use of the site.
The operator does not warrant that the advertisements of the advertisers at a certain time in the site and/or in other sites shall continue to be advertised also later on.
The operator does not warrant that the site will fit any objective defined by it or by you.
The operator shall not be responsible for damage incurred as a result of an error in the site (including errors in computer software, in documentation and databases) and/or a virus in the site and/or any other cause.
The operator reserves the right to change the structure of the site and/or its content and/or its design and to stop its existence company. It is hereby clarified that the operator shall not be required to warn and/or inform those using the site in advance regarding its intentions as mentioned, except in the event that it is stopping the site's activities, in which case it shall notify a notice of this on the main page of the site. In the event of a full cessation of the service, the users paying for the service shall not be charged starting from its cessation. In the event of stopping the service the operator shall not be responsible towards the user or towards any third party for any damage and/or loss. Interference in the routine and regular activities of the site when performing repairs, changes and improvements shall not constitute a cause for any action, claim or demand by the user.
The operator hereby informs you that in the event that it shall find that its rights in the site were breached, it shall be entitled, according to its sole discretion, to take each of the following steps against you, together or separately:
To sue for recognition of this breach in court;
To sue for the cessation of the breach and instructions to the person that caused the breach to immediately cease the breach;
To sue for compensation for the breach and the damage that it caused (also publicly, at the expense of the one that caused the breach);
To sue for the cessation of the situation that caused the breach and returning to the situation before the breach, at the expense of the one that caused the breach, and to sue for the destruction of the means and materials that caused the breach and of the objects that were created as a result of the breach;
To file a civil lawsuit against including for compensation;
To institute criminal proceedings or quasi- criminal proceedings against you.
The operator regards itself bound by the principles of privacy protection, and this declaration of privacy sets forth its approach to this issue. By using the site and by giving any personal information you agree that the operator will use this information in accordance with this declaration of privacy. For any question in these issues, please turn by electronic mail to the address contact@iSavta.co.il.
The operator collects information of the type gender, origin country, residence country, occupation, professional experience, professional preference and self description including lists of caregivers and the profiles of caregivers (hereinafter the "Private Information").
The operator uses the Private Information the purposes for which they were provided in the framework of this agreement.
Signing up on the site, partial or full, is a consent to receive marketing material by, among others, email, newsletter, text messages (SMS) in a frequency determined by the website’s management. Users can cease to accept marketing material by changing the alert settings on My zone.
Without limiting the generality of the foregoing, the operator may transfer Private Information as mentioned to commercial entities for the purpose of direct mail offers, relevant services to the population of caregivers and / or patients.
You hereby give your consent to be included in the database that is administered by the operator in accordance with the Privacy Protection Law, 5741- 1981. You have no obligation according to law to deliver the Private Information.
The operator shall not share the information that allows personal identification with third parties, other than as set forth in this Term of Use Agreement, unless there is a duty according to law or if this was expressly requested by you or in another manner as set forth in this agreement. The operator recognizes that the Private Information has value and it is taking reasonable means in order to protect the Private Information when it is in its possession.
The operator is implementing customary standards of technology and operating security in order to protect data and information that allow personal identification against the loss, adverse use, change or destruction. The operator especially implements technical and operative means in order to prevent any illegal discovery or processing of the data and information as mentioned and the incidental loss, destruction or damage of this data and information. The operator's employees and/or anyone on its behalf that have access to information that allows personal identification agreed to protect the secrecy of this information. However, while the security means reduce the risks of unauthorized infiltration into the operator's computers, they are not absolutely secure. Therefore the operator does not warrant that the services in the framework of using the site shall be completely resistant against unauthorized access to information stored in them.
The operator is not responsible in any manner for verifying the correctness of the details of the information that was given to it. When it is possible and practical, if the operator receives a notice of this that any personal information that was collected in the site are incorrect, the operator shall perform the appropriate amendments on the basis of the updated information given by the user whose identity was verified.
If you wish to receive details regarding information that was given to the operator, you have the right of access to this information as mentioned and you are entitled to turn to us by the email address mentioned above.
The operator may record and document telephone conversations that shall take place between you and authorized representatives on its behalf, and to make use of these recordings for improving the service, and in cases in which it shall have a dispute with you or with anyone on your behalf.
The operator shall be entitled to transfer your personal details and the information regarding you to third parties, for the purposes and uses that the operator itself is entitled to do, and in each of the following cases: (a) at your request; (b) according to a judicial order of an authorized authority; (c) for collecting payments due from you and/or from anyone on your behalf and standing on its rights according to an agreement between you and the operator; (d) for sending notices, sharing campaigns, for marketing etc... (subject to your consent); (e) for preventing fraud; (f) for processing information collecting by the operator or by anyone on its behalf.
You hereby confirm that the operator will be able to transfer all the information regarding you as accumulated in its databases to a third party, in the framework of transferring its business (all or in part) to that third party and this is subject to the third party undertaking to protect your personal details and the data that shall be transferred to it, as the operator does.
It is hereby clarified and you hereby expressly and irrevocably agree, that unless expressly provided otherwise in this conditions of use agreement and/or by law, the operator shall not be held accountable towards you for any direct and/or indirect and/or resultant damage and/or expense and/or loss and/or injury which you may sustain or incur as a result of using the site and/or the gratuitous and/or pay per use services (as those terms are defined above). In any event, you hereby expressly agree that should you be entitled to receive compensation from the operator by law and/or should the operator be ordered to pay you compensation in a peremptory ruling made by a competent judicial tribunal, the maximum amount of that compensation shall not exceed the consideration which you actually paid the operator, if at all, in return for the pay per use services as defined above in this conditions of use agreement.
You hereby undertake to indemnify and/or defend the operator, its agents, managers, advisors and subcontractors against any loss, damage (including personal injury), fine and/or expense (of any description, including experts' and lawyers' fees) which they shall incur or sustain as a result of and/or in connection with any claim or complaint concerning any use of the site and or the gratuitous services and/or the pay per use services which shall be made by you and/or anyone acting under your auspices and/or on your behalf and/or with your permission which violates the rights of the operator and/or any third party and/or this conditions of use agreement and/or any law. Without derogating from the foregoing, your obligation to indemnify the operator and anyone acting under its auspices as aforesaid, shall equally apply to any claim and/or demand and/or complaint which shall be made against the operator and/or anyone acting under its auspices, by any third party, in connection with your use of the site and/or the gratuitous services and/or the pay per use services.
The operator is not a manpower company and it does not employ the caregivers registered in the site and/or at all. The employer is liable to check the legality of those candidates for employment with whom he has had contact to be in Israel. In addition, according to the laws of the State of Israel employers are required to register the caregiver that the accepted for employment in a manpower company. The operator shall not be responsible for any damage and/or cost, whether indirect or direct, which the user shall pay for not checking the legality of the caregiver's presence in Israel and/or for not registering the caregiver in a manpower company.
Without derogating from the aforesaid, the jobs in the site are intended for men and women at any age, and without any connection to their personal status, their sexual orientation, being pregnant, going through fertility treatments, in vitro fertility treatments, being parents, their race, religion, nationality, country of origin, their view, their party, or reserve duty, being called up for reserve duty or their expected service in reserve duty, as defined in the Security Service Law [Consolidated Version], 5746- 1986, including due to its frequency and duration. For the convenience of the surfers jobs are presented on the site, inter alia, according to category. This categorization was made for convenience of searching only and it cannot, in any form or manner prevent any of the subscribers of the site from applying to an job advertised in it, without exception, since as mentioned, all the jobs in the site are intended for all surfers.
14 Marketing Content of those Published in the Site
The operator is entitled to include advertisements and commercial notices on each page of the site in accordance with its sole discretion.
The operator shall not bear liability for advertising content or any other commercial content that shall be published in the site.
Including advertisements in the site does not constitute an offer, recommendation or encouragement on behalf of the operator expressly or implied to purchase the products or the services offered in them for sale. Furthermore the operator shall not constitute a party in any transaction made by the user following advertising information that shall be presented in the site or in other sites. Every claim, lawsuit or demand by a user for offers, products or services as mentioned, receiving them or their results, shall be referred by him directly to the third party, from which he received the offer or purchased the service, and he shall not have any lawsuit or demand in respect to them against the operator.
The operator allows third parties to place "cookies" or "web beacon" files on pages of users and to read them in order to collect information when presenting advertisements on the site and/or in order to allow the operator to measure user traffic in the site in order to improve its performance. In any event the information collected regarding the users is anonymous (it does not expose their identity). You may delete and/or completely prevent the creation of "cookies" in your computer by changing the relevant definitions in the browser which you are using.
Use of the titles in this agreement is made for the purpose of convenience only and they in themselves cannot constitute a basis for interpretation or to distinguish between its sections and/or in order to grant a right and/or authority that was not expressly conferred.
In any event of a contradiction between what is implied from the title of a section and the content of a section the provisions of the content of the section shall apply only.
Any request or notice by you shall be made in writing only, by registered mail and/or by personal delivery with a certificate of delivery, and it shall be delivered directly to the authorizer or any of its individuals, according to the addresses stated in the preamble of this license agreement.
Distributors and suppliers do not represent the operator and they are not authorized to receive in its name and/or for it and/or instead of it notices or pleadings.
16 Jurisdiction and Use of the Site outside of Israel