Terms of Use

 

General

The terms below define the terms of use of Wizelink’s ezguard application (the “Application”) and the services of Wizelink, which shall be available to users by means of our Application and this Website and the Management Console/Portal; such services enable, among other things, the tracking of performance of site visits/checks by the scanning of barcodes at different locations, filling different reports etc.

By downloading the Application and your registration for the Wizelink services and/or by virtue of your use of the Application and the Wizelink services, you agree and confirm that you are legally competent to enter into an agreement with Wizelink, that the terms of this document apply to you and obligate you, and that they are enforceable by Wizelink; Wizelink shall not bear liability for anything deriving from your failure to comply with these terms.

Please be advised that the Application requests sensitive permissions, including user data, GPS location, camera, microphone, accounts, contacts, and phone.  You are solely responsible for ensuring that your use of the Application and/or Wizelink’s services are performed in compliance with all laws applicable to you.

Terms of User Access

Wizelink has the right to authorize and/or to prevent you from accessing the Application and its services, at any time, in its sole discretion.

In order to receive the Application and the services from Wizelink you must select means of identification (email); in order for you to have the ability to connect and to manage the use of the Application and the receipt of services (viewing of results, making changes, freezing services and cancelling them), you must continue to maintain access by way of the means of identification that you selected;  at the time of opening the account you must fill out personal details, that are true and correct, in order to enable all of the communication between you and Wizelink; Wizelink is not liable for problems relating to your account including the security of your information; in the event that there is suspicious activity in your account, including an invasion of your privacy and use of your information, you are obligated to notify Wizelink of such activity; in the event that damage or loss of any kind is caused due to your failure to comply with these conditions, or due to any prohibited use of your account and your personal details, which results in the inappropriate use of your account, Wizelink is not liable for any damage, including any non-physical damage.

The only means by which Wizelink will make contact with you (for purposes of notifying you of changes to the services provided, cessation of services, refunds, termination of services, etc.) is by means of the email address that you used when you registered for the service; the sending of notices to such email address shall constitute delivery of notices, and you shall not have any claim against Wizelink in respect of a failure to provide notice through other means.

Intellectual Property

All of the intellectual property rights in the Application and the services offered by Wizelink are the sole property of Wizelink and/or third parties on its behalf or of third parties who granted it authorization to use them within the framework of the provision of such Application and services; furthermore, and without derogating from the generality of the aforesaid, Wizelink is the sole owner of the Application and the services, and the service offering in its entirety, including copyrights, patents and designs relating to the Application and the services, whether or not registered, names, logos and trademarks of the provided services, whether or not registered, trade secrets and business information associated with the Application and the provision of the services, in the design of the provided services, in the technological information associated with their operation including the content, methods, systems, databases, applications, graphic files, computer code, written materials and/or any other material or information included in them, including designs and graphics (the “Intellectual Property“);  at the time of your use of the Application and the services, you must refrain from any action that could result in an infringement of the Intellectual Property rights of Wizelink and/or third parties on its behalf.

You undertake not to make any use of the Intellectual Property, including to copy, to distribute, to present or to publicly demonstrate, to replicate, to market, to sell, to lease, to modify, to deliver to a third party, to change the design and/or the graphic interface of the provided services, to produce derivative products or to make any commercial use whatsoever of the Intellectual Property and/or any part thereof, whether by you or by means of or together with a third party, in any way or means whether electronic, mechanical, optical or by any other means or manner, without receiving the prior written approval of Wizelink.  If and to the extent such an approval is given, you must refrain from removing, deleting or interfering with any notice or marking appearing anywhere in connection with the service package with respect to Intellectual Property rights, such as copyrights ©, or trademarks®, accompanying any content that is used by you.

Without derogating from the generality of the aforesaid, you are not entitled: (1) to copy, change, modify, translate, perform any acts of reverse engineering or to disassemble any portion of the information included in the Application or the provided services, in any manner, or to publicly demonstrate or publicly execute any portion of the information included in the Application or the services, or to distribute it; (2) to make any use of information on any other website or in any other computer network environment for any purpose, or to reproduce or copy the information of Wizelink or the Website (or on the Management Console/Portal) without receiving the prior written consent of Wizelink; (3) to infringe or breach the privacy rights or any other right of any user with the Application and/or on the Website and the Management Console/Portal in the services, or to harvest or collect identifying and personal information about users of the services without their express consent, [including by making use of a “robot”, “spider”, application to perform searches on the Website or to retrieve information from the Website or by means of installing manually or automatically, or by means of a process that enables retrieval, production of an index or data mining]; (4) to publish libel, defame, abuse, harass, stalk, threaten or in any other manner violate the legal rights of others; (5) to impersonate any other person or entity, including, as a messenger, representative or agent of Wizelink; to misrepresent, or to present in any other incorrect manner your relationship with any other person or entity; (6) to transfer or to produce in any other manner, in connection with the Application or the services, any computer virus, “worm”, Trojan horse, time bomb, bug, spyware, or any computer code, file or other program, that is likely to damage, or is intended to damage or to take over the operation of any hardware, software or communication equipment, or code or component, which are damaging, or have the potential of causing damage, which are interruptive or are intrusive; (7) to damage the operation of the Application, the Website or the Management Console/Portal by means of which the services are provided or to interrupt it, or to damage the operation or interrupt the operation of servers or networks that host such website or which enable its availability, or not to comply with any demand, procedure, policy or regulation of these servers or networks; (8) to sell, to grant a license, or to exploit for any commercial purpose any use or access to the Application or the entirety of the services; (9) to frame or mirror any portion of this Website, without the express prior written consent of Wizelink; (10) to transfer or assign your password, temporarily or permanently, to a third party; and (11) to use the services for any illegal, immoral or unauthorized purpose.

Your failure to comply with the provisions detailed in these Terms of Use is likely to cause the termination of your access to the Application or the services and is likely to expose you to civil and/or criminal liability; without derogating from the aforesaid above, and the provisions of any law, you undertake to indemnify and compensate Wizelink or anyone on its behalf, in any event in which you breach these Terms of Use, or you act in connection with the services in violation of the provisions of any law and/or a lawsuit is filed against Wizelink by any third party as the result of an action that you performed in violation of these Terms of Use; such indemnification and/or compensation shall cover any expense, payment, loss, loss of profits or any other damage, direct or indirect, financial or otherwise, that shall be caused to Wizelink or anyone on its behalf.

Additional Terms Relating to the Services

The services offered by Wizelink may be changed and amended from time to time; Wizelink reserves the right to remove certain services or to add certain services within the framework of the Application and the entirety of the services it provides, in its sole discretion; a portion of the services may include additional and unique terms of use, and to the extent that additional terms are presented to you within the framework of the use of the services, these additional terms shall be deemed for all intents and purposes as an integral and inseparable part of these Terms of Use.

Rates

The prices offered for our Application are likely to change from time to time in accordance with the circumstances, without any prior notice by Wizelink.

Term of Agreement and Cancellation of Agreement

These Terms of Use serve as a binding agreement valid from the date of download of the Application and/or use of the services and until it shall be canceled at the request of one of the parties.

In the event that you request to cancel the Agreement, you must notify us of your desire to cancel the Agreement to the following email address: info@Wizelink.com; in this event, the cancellation shall enter into effect after Wizelink shall send you a confirmation, within a reasonable time, of receipt of the cancellation notice.

Limitation of Liability

Wizelink shall not bear any liability relating to your use of the Application and/or the services, nor for any damage, inconvenience, loss or distress caused to you, directly or indirectly, as the result of the use of the services; please note that Wizelink shall not bear any liability whatsoever in respect of illegal acts of users and/or any other party, which are not within its full control.

Wizelink shall use its best efforts to operate the services offered in a proper manner, without technical faults, and without disturbances; however, it is possible that the services will not always be free of disturbances and faults in their continuous operation; you shall not have any claim, demand or complaint whatsoever against Wizelink in respect of the time in which the and the Management Console/Portal will not be available, or in respect of any such faults or disturbances, including with respect to any damage caused, directly or indirectly, as the result of such a disturbance or fault; Wizelink shall not bear any liability and/or debt in respect of the interruption, error or deletion of information relating to the use of the Application, and shall not be liable for any damage, direct or indirect, caused due to the accessing of the services and the use of them or due to any obstacle to accessing or using them.


 

Indemnification and Compensation

You hereby undertake to indemnify and compensate Wizelink or anyone on its behalf, in respect of any damage, expense or loss, direct or indirect, including legal expenses and attorney fees, that shall be caused to it in relation to a breach by you of any provision of these Terms of Use, or performance of any other act in violation of law in relation to the services.

Changes to the Terms of Use

Wizelink is entitled to make changes to these Terms of Use at any time, in its sole discretion; your continued use of the Application and the Wizelink services after the performance of such changes to the Terms of Use shall evidence your agreement and acceptance of the new Terms of Use; if you do not agree to any of the new Terms of Use, you must abstain from continuing to use the Application and the services offered.

Jurisdiction and Governing Law

Exclusive jurisdiction to resolve any dispute and/or disagreement relating to the Application or the services, Wizelink and/or the Terms of Use, shall be before the competent courts in Tel Aviv-Jaffa, Israel; the law that shall govern any such dispute or disagreement in connection with these Terms of Use shall be the laws of the State of Israel only.

Contacting Wizelink

Wizelink will provide telephone service to users during normal working hours or as otherwise agreed with clients in specific service level agreements.

For any questions and/or requests relating to the services provided and the Terms of Use thereof, including the Privacy Policy, you may contact us at the following address:  info@Wizelink.com, or by means of the Management Console/Portal on the Application.

Privacy Policy.
Terms of use.