PayCheck Terms of Use
IMPORTANT: BY USING THE SERVICES (DEFINED BELOW) YOU ACCEPT THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH HEREIN PLEASE DO NOT USE THE SERVICES.
- Acceptance of Terms
The following instrument consists of the terms and conditions governing your (together, “you” or “user“) access to and use of Pay Salary Check Israel .I.A. Ltd.’s (“PayCheck” or “we“) mobile application for HR and payment management (the “Services“). These PayCheck Terms of Service together with the PayCheck Privacy Policy available at [Please insert link] (the “Terms“) constitute a binding agreement between you and PayCheck. By accessing or using the Services in any way or manner you agree to abide by, and be bound, by these Terms.
We may unilaterally change or add to the terms of these Terms at any time. In the event of a material change, We shall notify you via email or by means of a prominent notice on the Services. You should check our Services periodically and review changes to the Terms at the following URL: [Please insert]. By continuing to use the Services following such modifications, you agree to be bound by such modifications.
- License
Subject to the terms and conditions set forth herein, PayCheck hereby grants you, and you accept, a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited license to access and make personal use of the Services, only according to the terms of these Terms. The license may be suspended or terminated by PayCheck at any time.
- Limitations on Use
Except as specifically permitted herein, you agree not to (i) sell, license (or sub-license), lease, assign, transfer, pledge, or share your account and/or any of your rights under these Terms with/to any third party; (iii) use, or encourage, promote, facilitate or instruct others to use the Services for any illegal, harmful or offensive use; (iv) transmit or upload any viruses, spyware or other harmful, infringing, illegal, disruptive or destructive content, messages or files; (v) perform any act that destabilizes, interrupts or encumbers the Services or their servers or use “load testers”, that enable sending more request messages to the servers of the Services, in a given period of time, than a human can reasonably send in that time period by using the Services; (vi) create false personas, multiple identities, set up an account on behalf of someone other than yourself or create another account after We have already disabled your account; or (vii) penetrate or circumvent or attempt to penetrate or circumvent any technical restrictions or limitations included in the Services or its servers. You are solely responsible for obtaining, paying for, repairing and maintaining all the equipment, software, hardware and services required for getting access to and using the Services.
- Ownership of Proprietary Rights
The Services, including without limitation any underlying data, software, algorithms, technology, design, layout, logos, tradenames, text, images, sound, music, videos, Feedback (defined below), “look and feel” and features and any enhancements, improvements and derivatives thereof and all Intellectual Property Rights related thereto (“PayCheck IPR“) are the property of PayCheck and/or its licensors who retain all right, title and interest in connection therewith.
No transfer or grant of any rights by PayCheck is made or is to be implied by any provision of these Terms or by any other provision contained in the Services with respect to the PayCheck IPR or otherwise, except for the limited license set forth in Section 2 above.
“Intellectual Property Rights” means worldwide, whether registered or not (a) rights associated with works of authorship, designs, mask works and photography including copyrights; (b) trademarks, service marks, domain names, logos, trade names, trade dress, the right to publicity and goodwill rights; (c) patents, patent applications and industrial designs; (d) trade secrets; (e) rights analogous to those set forth herein and any other proprietary rights relating to intangible property; (f) divisions, continuations, renewals, reissues and extensions of the foregoing (as applicable) now existing or hereafter filed, issued, or acquired.
- Your Account and Feedback
You are solely responsible for any actions performed in the Services under your credentials. Keeping your credentials safe is your sole responsibility. If you have any reasons to suspect that your credentials were discovered by any third party or that there was an unauthorized access to your account you will immediately notify PayCheck and modify your login information. The Services are intended for use by users at least eighteen (18) years old, you hereby declare that you are eighteen (18) years old or older and undertake to monitor your account to ensure that no minor under that age has access to the Services.
Upon request from your employer/ customer, as the case may be, we may suspend or close your account.
We appreciate hearing from our users and welcome your comments regarding the Services. Notwithstanding anything to the contrary herein, please be advised, however, that if you send us ideas, suggestions, inventions, or materials regarding the Services (“Feedback“), we shall: (i) own all right, title and interest in and to the Feedback without any restriction; (ii) not be subject to any obligation of confidentiality; and (iii) be entitled to unrestricted use of the Feedback for any purpose whatsoever, without compensation or credit to you or any other person.
- User Warranties and Representations
You represent and warrant to PayCheck that: (i) you will provide complete and correct information; and (ii) your use of the Services shall comply with all applicable laws.
- Privacy
PayCheck’s privacy practices are governed by PayCheck’s privacy policy, the most updated copy of which can be found at: [Please insert] (“Privacy Policy“).
- Disclaimer
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR OWN RISK. THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PAYCHECK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
PAYCHECK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
PAYCHECK DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PAYCHECK IPR OR SERVICES INCLUDING WITHOUT LIMITATION THEIR CORRECTNESS, COMPLETENESS, ACCURACY, RELIABILITY, AVAILABILITY OR OTHERWISE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY DAMAGE OR LOSS THAT MAY ARISE BY VIRTUE OF YOUR USE OF OR RELIANCE UPON THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- Limitation of Liability
TO THE MAXIMUM PERMITTED UNDER LAW, UNDER NO CIRCUMSTANCES WHATSOEVER WILL PAYCHECK AND ITS AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTS AND SUPPLIERS BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, UNDER ANY LEGAL THEORY, WHETHER CONTRACT, TORT OR OTHERWISE INCLUDING WITHOUT LIMITATION ANY LOST PROFITS AND LOST BUSINESS OPPORTUNITIES, BUSINESS INTERUPTION, LOSS OF INCOME, LOSS OF DATA OR OTHER INTANGIBLE LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT DEROGATING FROM THE FOREGOING, IF DESPITE THE FOREGOING PAYCHECK WILL BE FOUND LIABLE OR RESPONSIBLE BY A COMPETENT AUTHORITY, UNDER ANY LEGAL THEORY, PAYCHECK’S AGGREGATE LIABILITY SHALL NOT EXCEED $500.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- Indemnification
You agree to defend, indemnify and hold harmless PayCheck and anyone on its behalf, including but not limited to, all of its owners, managers, officers, affiliates, employees, licensors and suppliers harmless against any losses, expenses, costs, claims, damages (including attorneys’ fees, expert fees’ and other costs of litigation) and liability arising from, incurred as a result of, or in any manner related to: (i) your use of the Services; or (ii) any breach of these Terms.
- Termination
We may terminate your account and right to access or use the Services immediately, at our sole discretion, without notice. Upon termination or expiration you shall immediately cease using the Services and the following Sections shall survive: 1,3, 6 and 8-12.
- General
(i) All disputes related to these Terms shall be governed by and construed in accordance with the laws of Israel, without regard to the principles of conflict of law therein. The parties consent to the exclusive jurisdiction of the courts of Tel-Aviv and the parties hereby submit themselves to the exclusive jurisdiction of these courts. The application of the United Nations Convention of Contracts for the International Sale of Goods or other international laws is expressly excluded, whether the claim is in arbitration or at court; (ii) if any provision of these Terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and if such provision is determined to be invalid or unenforceable nonetheless, the provision shall be deemed to be severable from the remainder of these Terms and shall not cause the invalidity or unenforceability of the remainder of these Terms; (iii) You acknowledge and agree that PayCheck has the right, at any time and for any reason, to redesign or modify the Services and presentation of Your Content and other elements of the Services or any part thereof; (iv) these Terms are the entire agreement between you and PayCheck regarding the subject matter herein and these Terms shall not be modified except by a written instrument executed by both parties; (v) PayCheck may assign these Terms, in whole or in part, in its sole discretion. You are not entitled to assign or otherwise transfer the Terms, or any of your rights or obligations hereunder, to any third party without the prior written consent of PayCheck. Any unauthorized assignment will be void and of no force or effect; (vi) no provisions of these Terms are intended or shall be construed to confer upon or give to any person or entity other than you and PayCheck any rights, remedies or other benefits under or by reason of these Terms; (vii) PayCheck’ failure to enforce any rights granted hereunder or to take action against you in the event of any breach hereunder shall not be deemed a waiver by PayCheck as to subsequent enforcement of rights or subsequent actions in the event of future breaches; (viii) all waivers must be in writing. Any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion; (ix) ANY CAUSE OF ACTION INITIATED BY YOU AND ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED AND YOU SHALL BE DEEMED TO WAIVE ANY CLAIM YOU MAY HAVE IN ESPECT THEREOF.
If you have any further questions or require further clarification, please contact us by sending an e-mail to: [Please insert].
Last updated: [Please insert].
