UWORK Website Regulations


General

1. The following regulations and terms of use are intended to clarify the relationship between the operator of this Internet site, UWORK. (Heretofore “the company”) and the person and/or organization that enter the website and/or use the website’s services (heretofore: “the user” and “the website” respectively). The user declares that by entering the website, using the website and using its services he/she agrees to the conditions listed below, whether as a registered user or an unregistered user, as an employer or as a job seeker.

2. In case you have read the regulations and terms of use and you do not approve any or one of them, please exit the website immediately and do not use any of the provided services in the website (heretofore 'the services'), as long as you have used any of the services. Continuing surfig the website or using any of the provided services by the website will be considered as your consent to these regulations and terms of use

3. The following regulations and term of use are applied upon anyone who use the website, whether as a registered user or not, and all in addition to the terms of use in the other website. The provided services in the website and/or through another website, in case the other website is linked to the company.


4. In the following regulations and terms of use and in all of the texts on the website, singular term includes plural term as well, and male language include female as well, based on the context.


5. The headlines in the following regulations and terms of use are intended solely for convenience, and are to hold no interpreting of contents whatsoever.


6. The company keeps its right and entitlements to amend, edit or change the following regulations and terms of use from time to time, depending on its own discretion. The responsibility to update on the updated regulations is part of the user responsibility.


Intellectual Property and the Use of the Website


7. Any of the intellectual property rights, including the moral rights, in regards to the website, its content, design, edit and his trademarks, as well as its representation and editing of the information appearing on the website, are all reserved exclusively to the company. The name 'UWORK' as well as the trademarks and URL, whether they were registered or not, are all property of the company itself in an exclusive matter and are not to be used by any means without the company's consent in advance and in writing.


8. The website, the ads content, the online pages that are included in it, the classification, order and presentation of the information and any other form of illustration are the sole property of the company. The contents may not be copied, duplicated and/or printed in whole or in part, for purposes of distribution or advertisement in any manner, without a written permission in advance from the company, and the contents may be used only for private purposes, as opposed to commercial purposes and of the following actions is to be considered as purposed damage to the intellectual property of the company. Activity such as copying or duplicating job openings from the UWORK website and advertising it for commercial purposes in other websites, is a moral offense and therefore the company condemns it and forbid it overall.


9. All of the copyrights in the published ads in the website belong solely to the company, even if the user himself provided all of the necessary information for its publication took part in its writing or wrote them himself. The user transfer his rights for the ads to the company and the company allows no person / company / organization / other website or any third part of any kind to present the content of the ad without an advanced permission in writing from the company. 


10. It is clarified that use of the website and its services and the company's services is allowed to private individuals as well as employers that are interested in locating employees and candidates to work in their organization. Any other use, including selling, distributing, directly or indirectly, of space or advertising ad space/job openings in the website to a third party (that is not part of the employer group/organization) is strictly forbidden without the company's advanced permission in writing beforehand.


11. The user commits that he will not publicly publish the content and/or any part of it, solely by obliging to the conditions listed in the website. In addition to that, the user commits that he will not publicly publish any product and/or any output, either printed or as provided file on magnetic means and/or in any other form, and that he will not print, duplicate or copy any product or any output from the content within the website or any part of it for distribution purposes in any way.


12. As long as the website allows or will allow users to upload content, it is clear that the uploader-user is the sole responsible to the content that he is uploading. It is strictly forbidden to upload to the website any content that is trademarked and/or has registered copyrights and/or has moral and or intellectual rights and or there is any assumption that there is such existing right to the content, without receiving an explicit permission of the rights owner to it, in advanced and in writing. Any user that will upload such content to the website, commit and oblige to compensate and/or indemnify the company immediately with its first demand due to any damage and or fee and or cost that will be issued due to the uploaded content. The company is allowed, in any time, to remove any uploaded content from the website that was uploaded by its users without any notification or explanation.


13. Without derogating all of the above, it is strictly forbidden to upload any offensive content to the website, including pornographic, racist, and or any content that involves and or has a chance it may offend the public and or part of it and or any individual in any way.


14. The company is entitled to let users insert information to the website, including critique and feedbacks. The user agrees and allows his comments to be published by the company's discretion, including the user's information.


15.  The user commits that any uploaded content onto the website will be clean and free of any viruses and or worms and or any Trojan horse and or any other malware.


16. In case any individual is to believe that some content on the website (including advertisements on the website and or any link to a different website) is hurtful and or violates any right of that individual (heretofore: violating content) is entitled to bring address the company in writing (by either regular mail or email) and demand the removal of the violating content. 

The company is entitled (but not committed) to clarify the following individual's claims in regards to the violating content. In case the company hs removed the violoating content from the website in an likely time, it is so that no responsibility will be held upon her due to the discussed violating content, removal of content is the only explicit requirement from the company and any linked source to it from the individual that claims his rights were violated by the violating content, and he shall have no other right and or claim and or lawsuit against the company and or any of its ties.


17. The following regulations and instructions in this chapter are not to derogate any of the instructions of the law, and in addition to them all restrictions and prohibitions that are fixed by the law in regards to intellectual rights.  


Liability


18. The company shall hold no responsibility to any damage or harm caused directly and or indirectly of any kind, that will affect the user in results of using and or relying on the content and provided services in the website and or the access to it through the website and or software that he had in his possession and or due to any disturbances during the usage of the website. The user shall have no claim due to his relying on the information on the website. The company will hold no responsibility towards the user and or the employer in regards to the information advertised on the website and or received from a third party through the website, and or any information received via email. 


19. The company does all it can, to the best of her ability to provide professional, full, reliable and precise information, however, it holds no responsibility or guarantee to the nature of the information presented on the website (including the content of the ads) and or its validation and or correctness and or preciseness and or adaption and or wholeness to any purpose.     


20. Restrictions regarding the content of the documentations that are sent to the employers – the user commits to the company that will they will not send through the website to any third party that its details appear on the website any commercial and or commercial trademark characterized content and or any violating content that violated intellectual rights of others, including copyrights and or trademarks, any pornographic or sexual explicit content; any content that its publication was forbidden by the restrictions of law, including by gag orders from the court of law; any content that is of defamation characteristics on any individual and or any organization and violates its privacy; any computer software, computer coding or any application that includes computer viruses, malwares, harmful applications and of it likings; passwords, users ID and other identification details that allow usage of computer software, digital files, websites and services, that require registration or payments, without payment or registration as such; any data with disturbing, offensive, hostile, threating, racist or explicit content; any data that may mislead any third side / party; any data that is against to the terms of use that are acceptable on the internet or that may cause any harm or hurt users of the internet generally, and or specifically to the users and or employers in the website; it is to be clarified that during the process of uploading a file by the users, the company has no ability to verify all of the uploaded files and therefore has no ability and or access to execute screening and promise substantial enforcement of the following conditions.


21. The user commits not to execute any illegal activity according to clause number 40 to the communication law (Bezeq and broadcasts) 2008 through the website and or through information included in it in regards to forward commercial materials to third parties and or any activity aimed to disrupt or disturb computer systems and communications of any sort, including the company's computer themselves.


22. In case of any malicious and or negligent and or harmful use of the user and or whoever from his part using the provided services in the website and or any violation of the following terms, it will be up to the user to compensate the company, its employees, managers, stock owners or whoever from its part in case of any harm, loss, profit loss, payment or any fee caused to them – including lawyer fees, wages and court fees.

23. In addition to that, the user commits that the content of this CV that will be sent by him is restricted only to his personal resume information. It is forbidden to distribute any file that he doesn't personally own. Also, it is strictly forbidden to use any of the website systems to promote, market or any other activity that is for profit purposes of any kind, in any form or way, including but not limited to sending commercial materials within the CV file itself, collecting publishers' information and using it.


24. The company is entitled to add its brand, name or any other writing within the file as it sees fit to the CV file.


25. The company takes efforts to assure the company is secured and take reasonable actions in order to prevent any disturbances while using the website. However, it is to be clarified that the usage of the website is done as a service as is, and the company isn't committed that the services will be disturbances free, virus free or any other malware. The user explicitly agrees that the company is not accountable in any form due to access without consent or any changes that will occur in the information or correspondent of the user, whether they were sent or received by him and or by a third party or whether not.


25. The company keeps its right to execute any change or amendment in the content, information and advertised services in the website, depending on its discretion, without informing it beforehand.


Use of Private Information


26. The company respects the users privacy on the website. Information regarding the privacy policy is available in the privacy policy that appears following the regulations and terms of use and is an integral part of the website's terms of use.7


27. By registering of the user to the website, the user will be requested to choose user ID and a password, to provide a variety of contact details and answers to certain questions for security purposes (heretofore: "identification details"). The following details are required, among other reasons, to enable the user to access certain restricted parts of the website. It is the user's sole responsibility to keep these details classified, and to make sure to update them occasionally, so only he will be able to use them. The company and or whoever of her part will not be responsible to any activity within the user account and or his personal section by whoever used his login details. In case the user has any substantial doubt that his login details are in the hands of someone else, he must inform the company immediately.


28. The user commits to provide the company only authentic, accurate and precise details, and he hereby confirms the authenticity of all details he provide the company with.  


29. The company is entitled, but is not obligated, to keep the identification details however the liability to save and restore those identification details applied applied to the user himself solely.  

30. The company keeps its right to suspend the user's account and to stipulate providing the website's services to present proof that by creating the user's account and by using it no violations of the regulation and terms of conditions were made.


31. In addition to the privacy policy, it is clarified that by uploading the CV to the website and/or forwarding the CV through the website, the user (whether he is registered or not) provides his consent and approval to the company to forward his CV to employers that the company believes, by its discretion, that are relevant to his CV. This clause is not to cast any responsibility upon the company to actually forward the CV.


Third-Party Ties


34. The website allows and or will allow in the future to users to correspond with purchasing services or products from third parties (including advertisers within the website). Any deal that will be made following an advertised ad on the website and or following usage of the website services by the user, will be agreed upon between the user and the third party, and is not include the company or whoever from her part as a side in the agreement or as a responsible factor, even if information between both sides will be transferred through the company itself. 


35. The company is not responsible for the content of the ads or any commercial proposals of third parties on the website. Any claim, lawsuit or demand the user may have due to the proposals, products or hereby services, their acceptance or outcomes, will be directed by him directly to the third party, from where he received the offer or purchased the service, and he will have no demand or claim towards the company.


General Instructions


36. The company keeps the right to hold to stop to provide services on the website to herself, or part of them, with or without notifying the user. In case of halting services, the company will not be responsible towards the user or any third party whatsoever due to any loss and or harm.


37. Solely the laws of the state of Israel are to be applied upon this agreement. Any differ of opinions and or conflict and or any other issue in regards to the website and or these regulations and terms of use and or services will be under the sole authority and responsibility of the certified court of law in Tel-Aviv-Jaffa only.


38. The company keeps its right to deprive and or deny any user from joining the services and or prevent a user access to the website by its sole discretion without any obligation to clarify. The company is entitled to halt any correspondence with the user and inform him at any time, even after he was approved as a user, about the termination of correspondence. 


39. Without derogating from all of the above in this regulations and terms of use and or the law instructions, the company is entitled to deprive the user from accepting the services if any of the following cases: (A) in case the company has made illegal usage in any of the services and or website, or allows, assist or encourage such illegal activity; (B) in case the user has deliberately provided wrongful details; (C) in case the user committed any action that caused or may cause any harm to the company or any third parties; (D) in case the user has violated the regulations and terms of use or any other agreements with the company; (E) in case the credit card the user has provided was blocked or restricted in any way; (F) in case the user has been declared bankrupt and or as discontinued, and or was discharged and or writ of execution and (G) in case the user has transferred his rights, temporarily or permanently to someone else.


Terms of Use – Specifically for Employers


The website offers, among other things, certain services to employers who ask to locate employees to open positions (heretofore: employers). The instructions in this chapter apply to employers, in addition to the rest of this regulations and terms of use instructions.


40. The services the company will provide on the website to employers may include, among other things, wanted ad advertisement services and or banners and or company logo and or the name of the advertising company and or any other advertisement of the employer (heretofore: the services to the employers). 


41. The company makes reasonable and acceptable efforts in order to promote the website publicly, to increase the users entries to the website, among other things. In addition to that, the company doesn't commit that the services to the employers and or to the ads that will be advertised on the website will be answered in any way, therefore ther company will not be hold accountable towards the employer or whoever from this side, in anyway, to the reactions above, to lack of reactions or correspondence, to the identity of the commenters, or to any result that will be the outcome of such advertisement and or the information that is forwarded about the employer. The company will not be responsible to any use that will be made by a third party in any information that will be advertised on the website.


42.  The company keeps its right to save information and details regarding the employer (such as: personal details, email addresses, phone numbers, fax numbers and so on), in its database, among others, in order to offer and send the employer CVs of potential candidates, that match, to the company's discretion, the offered vacancies by the employers and its character. It is well known to the employer and he agrees to that the CV will be sent to him by the company and or by the candidate himself.


43. It is known to the employer, and it is with his consent, that every employer that signs a subscription on the website, and or shows interest in the website's services through a phone call and or email, and or fills in his information in 'contact us – employers' on the website, will be automatically added to the website's mailing list, and as an outcome to that, among other things, will receive employers newsletter and from now and then emails regarding the different proposals the website has to offer. The employer provides the company with his consent to forward him commercial emails through email and or fax and or SMS and or the national post office. This agreement is an explicit agreement and is not time-limited. The employer hereby agrees that his personal details will be kept on the website and company's database. It is also agreed by the employer the information that will be kept on the database will be used by the company for statistics purposes.


44.  In case the employer will ask to be removed from the mailing list, he shall do that through an email that will be sent to the following address: [email protected] and his request will be handled usually within 1 business day, or up to 10 business day at latest. (In days of Hol Hamoed it may change, for example).


45. It is clarified that the services to employer are not to substitute the independent discretion of the employer and providing professional guidance, and employer that operates with accordance to the service and or that communicate with any third party relying on the information that was forwarded to him by a user, third party and or the company – will be held accountable to his own actions only and the company will not be responsible to any harm and or loss that may be caused to the employer by that.


46. The company will provide the employer or whoever from his side with the services to the employer, subject to full repayment and conditions all sides are signed upon and are obligated to operate with accordance to the correspondence agreement instructions.


47. No certain action that the company will take, with accordance to the correspondence agreement to derogate the rights that are promised to her by the law. In addition to all that is listed in the correspondence agreement, it is clarified that a signed invitation by the employer and or whoever from his part, is to been considered an obligating contract by all means.


48. Without derogating any cause that the company is entitled of by the law and or agreement, the company is entitled to stop providing the services to the employer, and or the usage the employer uses on the website, in case he will not respect the terms of use. In addition to that, the employer will have to indemnify the company, its employees, managers, stock owners or whoever from its side in case of any damage, loss, harm, loss of profit and or payment that will be caused to it – including lawyer and course fees and repayments due to malicious and or negligent and or any other use of the employer and or anyone else from his side given on the website and or violation of the terms of use.
 
 49. The employers is committing to the company that the provided contents to be advertised on the company's website do not include: any harmful content or content that violates intellectual rights of others, including copyrights or trademarks, any pornographic or sexual explicit content; any content that its publication was forbidden by the restrictions of law, including by gag orders from the court of law; any content that is of defamation characteristics on any individual and or any organization and violates its privacy; any computer software, computer coding or any application that includes computer viruses, malwares, harmful applications and of it likings; passwords, users ID and other identification details that allow usage of computer software, digital files, websites and services, that require registration or payments, without payment or registration as such; any data with disturbing, offensive, hostile, threating, racist or explicit content; any data that may mislead any third side / party; any data that is against to the terms of use that are acceptable on the internet or that may cause any harm or hurt users of the internet generally, and or specifically to the users and or employers on the website.


50. The employer commits that every ad and or content that will be advertised on the website and or through it will match the relevant instructions of the law. Without derogating the all that is generally listed here, the employer's attention is to be directed to instruction S` 8 to 'The law of equality in job opportunities'   that prohibits advertising an ad regarding a job opening or a wanted at that includes any sort of discrimination by the instructions of the law. The advertiser of such an ad in contradiction to the law's instructions does so under his sole responsibility and will face any outcome of such actions.

51. The employer commits to not execute through the website any activity that is aimed to disrupt or disturb any computer systems an communication of any kind, including the company's computers themselves.


52. The employer commits to not forward any rights and services that he is entitled of due to the power of correspondence agreement between him and the company, in any sort of way, with or without any exchange or value, without receiving an explicit writing consent from the company beforehand.


53. The period of providing services to the employer is the period of time the employer and the company committed on with accordance to the correspondence agreement that was signed between them. As long as the services that are company was committed to provide are provided to the employer, even if the employer have made no usage of them, the employer will not be entitled to stop the correspondence between him and the company on his own discretion, unless he has received the explicit consent of the company in writing and by the exclusive discretion of the company. The company has given her consent to stop any correspondence between her and the employer, the company will be entitled but not obligated to exempt the employer, partially or fully, from the services fee that was agreed upon on the correspondence agreement.  It is all based upon the company's own discretion. In case the company will not provide its consent in writing to stop any correspondence between her and the employer, the employer will be considered as if he is still committed to the correspondence agreement and he will be obligated to pay the entire cost of the services that were agreed upon on the correspondence agreement. 


54. To clear any doubts, it is to be clear that from the time the company stops providing services to the employer, whether by the time the end of the period the employer is entitled to or whether by stopping services by the company as described on the next clause, the correspondence and communication between the employer and the company will end.


55. The services that are provided to the employer, part of them or all of them, require a fee; it is known to the employer that he will be charged with a full fee and for the entire correspondence period, as it described on the correspondence agreement he signed on, and that is even if he shall not use any of the services the company has provided him with for the entire period and or in case the employer will not use whole of the services from any reason whatsoever.


56. In case the employer will not pay the fee he committed to with the company on the correspondence agreement, a notification will be sent to the employer in writing, demanding that he will pay his debt within 7 days from the date the notification has been sent. In case the employer will not pay his debt as described, that will be an substantial violation to the correspondence agreement, and the company will be entitled to stop providing any services or part of the services by its own discretion. Also in cases of stopping services by the company, as written in this clause, the employer is still obligated to pay the full repayment for the service period that has been agreed upon on the correspondence agreement.


57. The employer hereby declares that it is known to him that even if time will pass between the period of beginning of the provided services and the time the employer will start to actually use those services, from any other reason that is due to the employer and not the company, he will have to pay the full repayment due to the services for the entire period of time of the provided services, as defined on the correspondence agreement.


58. By the very use of the services, the employer provides the company with his consent to use his name and or trademarks (either registered or not registered), including in a manner of placing them in ads the employer will advertise.


Terms of use – Purchasing an online subscription


59. The instructions in this chapter are given in addition to the instructions of the regulations and terms of use and are not to derogate from them. In case of contradiction between the instructions in this chapter and other instructions in the terms of use and regulations, the instructions in this chapter apply.


60. The company will allow, among other things, from time to time, under its own discretion, to the employer to purchase an online subscription that will allow them to purchase an advertisement package on the website and pay for this service in an online manner ("Purchasing an online subscription"). The instructions in this chapter address purchasing an online subscription.


61. Purchasing an online subscription allows the employer to purchase in an online manner. The subscriptions conditions and details are those who are presented to the employer during the procedure of purchasing the online subscription and will be approved by him in an online manner. The employer agrees that approving the purchase of the online subscription in an online manner by him is equal to his legal signature on a binding contract between all sides.


62. In the frame of the purchasing procedure, the employer will be requested to deliver certain details, including credit card details in order to collect the debts that are required to purchase the online subscription. With consenting to the conditions of the online subscription purchase, the employer provides the company an irreversible allowance to use this credit card details to collect the debts that are coming from the employer to the company.


63. Collecting the payments via a credit card is done by the company itself and or through a third party, including credit card companies. The credit conditions, installment plan, interests, date of payment and so on will be with accordance to the agreement between the employer and his credit card company, and the company has no liability regarding those.


64. The credit card details provided by the employer will be used as an insurance to his charges towards the company, and in case the employer will not pay his debts in a different payment method, he hereby consent to the company to use the credit card information to collect the debt that it deserves.


65. Any deal that will be approved by the employer to purchase an online subscription is irreversible, non-refundable, with accordance to the law, and is to be cancelled only with the company's explicit consent and sole discretion. 


66. The company is entitled, from time to time, to amend the subscription conditions that the employer purchased. That is with accordance to that it will notify the employer in writing in regards to the upcoming change. If such a scenario occurs, the employer is entitled to notify the company within 7 days since the day he received the notification, that he requests to halt the correspondence and the correspondence will reach its end on the date the notification will be received. The company will reimbursed, in such a case, to the employer sums that were paid by him for a pre-used services.