TERMS OF SERVICE

Last Revised: October 27, 2020

Sundo Agriculture Social Network Ltd. (“Sundo”, “our”, “we” or “us”) provides a technological and social platform that connects farmers and individuals to work together, in a meaningful and sustainable way, which empowers farmers with accessible and frequent workforce and volunteers or job seekers with significant and meaningful activities or engagements, via personalized feeds, live activities, farmers pages, browsed activities requests and offers, real time notifications and more. You acknowledge that you have read and that you agree to be bound by our Terms of Service, including our Privacy Policy (the “Terms”) by installing, accessing, or using our mobile applications, services, features, software or website (collectively, the “Platform”). 

The Terms set forth herein constitute the legal agreement which govern and apply to your use of the Platform, including without limitation to any content and information that are or become available on or through our Platform or otherwise provided in connection with the Platform (collectively, the “Content”), without any limitation or qualification. If you do not agree to the Terms, do not connect to, access or use the Platform in any manner whatsoever.

The Platform is available only to individuals who possess the legal authority to enter into these Terms and to form a binding agreement under any applicable law.

If you are using the Platform for an organization, you agree to these Terms on behalf of that organization and bind that organization to the Terms contained herein.

1. YOUR REGISTRATION AND OBLIGATIONS.

When registering to the Platform, you acknowledge and agree, that:

You are responsible for your own account security and you will not share your account details with any other person.

You will keep your information and account up to date, and if no longer valid or required, promptly update it or remove it from the Platform.

You will use your real name, address and contact details.

All other information you provide will be accurate and true.

Any photo you upload (of you, your location or otherwise) is your own and our use of the photo will not infringe the rights of any other person.

You are solely responsible for complying with the relevant rules and laws in the jurisdiction where you live, work, volunteer, accept volunteers or otherwise (if any), especially with regard to tax, insurance, visas and your relationship with any third party in relation to the Platform.

You will not imply in any way any partnership between Sundo and you or any endorsement or affiliation with Sundo, or harm in any way Sundo’s reputation, brand or image including through unauthorized use of the Platform, infringement of Sundo’s intellectual property rights, passing off, registration or use of Sundo’s trademarks or logos or any other identifier that would create a confusion with Sundo or imply a connection with Sundo.

You will not engage in any activity or post any Content that: (a) interferes with or disrupts, or that is designed to interfere with or disrupt, the Platform or any hardware used in connection with the Platform, including without limitation, through the use of viruses, trojan horses, forged routing or similar methods or technology; (b) uses any software or device to gain unauthorized access in any way to the Platform; or (c) may harm, decipher or decompile any software or device used to provide the Platform.

You acknowledge and approve that Sundo does not organize or operate any activities, and in the event you participate in any volunteering activity within the State of Israel as a result of your use of the Platform, you are considered as a volunteer of Ha’Shomer Ha’Chadash Organization (registered association), the controlling owner of Sundo, with whom Sundo collaborate in relation to the Platform and in the framework of such collaboration the parties mutually provide services and share information, as set forth in the Privacy Policy. If you are not interested in volunteering through Ha’Shomer Ha’Chadash Organization (registered association), please contact Sundo using the contact information specified in these Terms and request to volunteer through another volunteer organization, to the extent applicable. 

2. USE OF THE PLATFORM.

You may not (and you may not permit anyone to): (a) infringe or violate any of these Terms; (b) use the Platform for any purpose for which the Platform is not intended; (c) distribute, modify, transmit, reuse, repost, publicize, use, reproduce, decompile, create derivative works of, reverse engineer or disassemble any portion of Sundo’s or other Platform users’ Content for any commercial, illegal immoral or unauthorized purposes, including without limitation copyright infringement or unjust enrichment; or (d) violate the rights of other users of the Platform to privacy and other rights, or harvest or collect personally identifiable information about them. You will use the Content, in any manner or form, only for the purpose of personal use, and will not display the Content in any way, including by a way that changes or disrupts any Content, especially not for advertising, marketing or commercial use of any kind.

Furthermore and without derogating from the generality of the above, you will not use the Platform to: (a) abuse, threaten, defame, harass, intimidate or impersonate any person; (b) publish spam (which includes, but is not limited to, publishing duplicate information, publishing promotional information or publishing off-topic information); (c) impersonate any person or entity; (d) transmit any information about other person or entity; (e) encourage, promote or assist any third party in doing any of the foregoing; or (f) create a database by systematically downloading and storing all or part of the Content, including by way of automated data mining tools, crawlers, information scanning technologies, automatic retrieval or collection of information from the Platform, and the like.

We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable right to access and make personal use our Platform, subject to and in accordance with our Terms. This right is for the sole purpose of enabling you to use our Services, in the manner permitted by our Terms. No licenses or rights are granted to you by implication or otherwise, except for the rights expressly granted to you.

3. BETTA.

Users who register for the beta edition of the Platform understand that this service is a beta-level release offering and is not intended to perform at the level of performance typical to a product available for a commercial service release. As such, you are using this Platform at your own risk. The Platform will likely be modified frequently, which may result in a complete and total loss of data. The Platform may operate incorrectly and will likely be substantially modified prior to public release. We also reserve the right to decide not to release the Platform at all.

Certain features in the Platform and the services contained therein are offered in the current version of the Platform without payment from you. Sundo reserves the right to charge for the use of the Platform or the services contained therein in the future, subject to any applicable law.

4. TITLE AND OWNERSHIP. 

All intellectual property, including trademarks, tradenames, logos, service marks, moral rights, patents, copyrights or trade secrets displayed on, embodied in, attached or connected or related to the Platform, are registered and unregistered intellectual property rights of Sundo or its licensors (collectively, the “Intellectual Property”). The Platform, including any revisions, corrections, modifications, enhancements and/or upgrades thereto, accompanying materials, and any copies thereof are owned by Sundo or its licensors, and are protected under copyright laws and treaties. Nothing contained in the Platform should be construed as granting, by implication, estoppel, or otherwise, any license, interest or right to use any Intellectual Property without the written permission of Sundo or such licensors that may own the Intellectual Property. Nothing in these Terms constitutes a waiver of Sundo’s intellectual property rights under any law.

5. CONTENT.

Before any use of the Platform, please read carefully the terms of our Privacy Policy. Our Privacy Policy explains how we collect and use Content you provide about yourself and the information that may be associated with you, and explains how we may share this Content.

You are solely responsible for the Content that you post or submit to the Platform. By using the Platform you hereby grant Sundo a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, transferable and sublicensable right and license (including a waiver of any moral rights)  to use, copy, modify, distribute, store, reproduce, publish and process all, and create derivative works of your Content, and to commercialize the copyright, trademark, publicity rights you may have in your Content, without any further consent, notice or compensation to you or others, in accordance with our Privacy Policy.

You can end the aforesaid license for your specific Content by deleting that Content from the Platform, or by terminating your membership or account in the Platform, except for the reasonable time it takes to remove from backup and other systems.

You agree that you and your Content shall not violate any law or the rights of any third party (such as copyrights, trademarks, contract rights, privacy rights, or publicity rights) or these Terms, including our Privacy Policy.

Sundo has no responsibility over Content you may share with others over the Platform, and do not accept responsibility for how those users may or may not interact with your Content. 

Sundo does not control the Content of other users of the Platform. When we become aware of inappropriate Content on our Platform, we reserve the right to investigate and take appropriate action, but we do not have any obligation to monitor, nor do we take responsibility for, the Content of other members users of the Platform.

6. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY; INDEMNIFICATION. 

THE PLATFORM IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. WE DO NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL, THAT OUR PLATFORM WILL BE AVAILABLE, ACCESSIBLE, OPERATIONAL, ERROR FREE, SECURE OR SAFE, OR THAT OUR PLATFORM WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR USERS USE OUR PLATFORM OR THE FEATURES, SERVICES, AND INTERFACES OUR PLATFORM PROVIDES. WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OR CONTENT OF OUR USERS OR OTHER THIRD PARTIES. YOU RELEASE US, OUR SUBSIDIARIES, AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS AND AGENTS (COLLECTIVELY, THE “SUNDO PARTIES”) FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, OR DISPUTE (COLLECTIVELY, “CLAIM”) AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD PARTIES.

THE SUNDO PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US OR OUR PLATFORM (INCLUDING WITHOUT LIMITING ANY CONTENT ASSOCIATED WITH OUR PLATFORM OR STATEMENTS OR CONDUCT OF OR TRANSACTIONS OR ARRANGEMENTS WITH ANY USERS OR THIRD PARTY ON OR RESULTING FROM THE PLATFORM), EVEN IF THE SUNDO PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN OUR TERMS, IN SUCH CASES, THE LIABILITY OF THE SUNDO PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

YOUR USE OF THE PLATFORM, AND/OR THE CONTENT AVAILABLE THEREIN IS ENTIRELY AT YOUR OWN RISK AND WE EXPRESSLY EXCLUDE ALL LIABILITY FOR ANY LOSS OR DAMAGE YOU, YOUR FAMILY, YOUR REPUTATION, YOUR BUSINESS OR YOUR PROPERTY MAY SUFFER AS A RESULT OF USING THE PLATFORM. WITHOUT DEROGATING FROM THE FOREGOING, YOU HEREBY ACKNOWLEDGE AND AGREE THAT SUNDO DOES NOT HOLD ANY INSURANCE THAT WILL APPLY ON ANY PERSONAL EQUIPMENT THAT YOU WILL BRING TO OR MAKE USE OF IN THE FRAMEWORK OF ANY ACTIVITY, AND YOU ARE SOLELY RESPONSIBLE FOR SUCH PERSONAL EQUIPMENT.  

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE SUNDO PARTIES FROM AND AGAINST ALL LIABILITIES, DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE LEGAL FEES AND COSTS) RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH ANY OF THE FOLLOWING: (A) YOUR ACCESS TO OR USE OF OUR PLATFORM, INCLUDING CONTENT PROVIDED IN CONNECTION THEREWITH; (B) YOUR BREACH OR ALLEGED BREACH OF OUR TERMS; (C) ANY MISREPRESENTATION MADE BY YOU; (D) YOUR VIOLATION OF ANY LAW, STATUTE, ORDINANCE OR REGULATION OR THE RIGHTS OF A THIRD PARTY; OR (E) YOUR PARTICIPATION OR BEHAVIOR IN ANY ACTIVITY OR ANY ENGAGEMENT RESULTING FROM USING THE PLATFORM THAT VIOLATES THIS TERMS. YOU WILL COOPERATE AS FULLY AS REQUIRED BY US IN THE DEFENSE OR SETTLEMENT OF ANY CLAIM.

You acknowledge that the Platform is a service to enable farmers and individuals to connect and Sundo does not act as an agent or insurer and is not a party to any volunteering activity which you may organize or participate in or offline arrangements or any employment or services engagements made through our Platform and that there is no professional relationship (including partnership, agent-principal or advisor-advisee relationship) between you and Sundo and Sundo is not a recruitment company. We do not guarantee that you will find suitable volunteering activities or volunteers, or that any user of the Platform you contact after registering will respond to your query or application. All offline arrangements are entirely between the users of the Platform (whether farmers or volunteers). It is your decision as a farmer and/or volunteer to make contact. 

We are not responsible whether any given information on the Platform is true and have no resources to check every person’s reliability. If you choose to engage with a volunteer or an employee or a services provider or a farmer or in a volunteering activity or employment it is at your own risk. Without derogating from the foregoing, for the purposes of transparency and fraud prevention, and as permitted by applicable laws, we may, but have no obligation to: (i) ask You to provide a certification with respect to relevant personal information (and such certification shall be deemed part of these Terms), personally and directly verify Your identity or the right of any farmer using this Platform to the agricultural land relevant to a voluntary activity, and to conduct personal a meeting (through Sundo’s field coordinators), (ii) undertake background checks or other checks designed to help verify identities against third party databases or other sources, and (iii) obtain from third parties (subject to applicable laws) or ask You to provide reports or authorizations from public records of criminal convictions for various violent offenses or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available and subject to the provisions of applicable laws). Notwithstanding, we do not have the resources to screen the identity of all users of the Platform, or to perform any verifications more comprehensive than the aforementioned, among others, due to the limitations of the law, and you are solely responsible for ensuring the identity of any person with whom you engage with in connection with the Platform, whether a volunteer or a farmer. In case any information that may affect the credibility of a user of the Platform or its suitability to use the Platform, in accordance with these Terms, we will use our best efforts to verify the information and act in the appropriate way under the circumstances, at our discretion, and may disable or terminate any account or access to the Platform of such user, as we deem appropriate.    

7. CHANGES TO THE PLATFORM OR TERMS. 

Sundo may, at its sole discretion, change, modify, add to or delete any of the terms and conditions of these Terms, and/or the Content and/or the Platform at any time, without any prior notice. We will post any changes to these Terms on our Platform. The continued use of the Platform, following any change to these Terms, constitutes the complete and irrevocable acceptance of any such change.

8. TERMINATION. 

At any time, Sundo may discontinue the use of the Platform, at Sundo’s sole discretion, with or without any reason or prior notice.

Without derogating from the above, Sundo reserves the right, at its sole discretion, without prior notice and at any time (and without refund, to the extent applicable): (a) to terminate, disable or modify any account or access to the Platform, in case that Sundo determines or has reasonable grounds to suspect that you have violated these Terms, or in the event Sundo believes in good faith that such action is reasonably necessary to protect the personal safety or the property of users of the Platform or any third-parties (e.g., in the event of willful misconduct of a user of the Platform or prior offenses); (b) to delete any Content, in case that Sundo determines that such Content violates these Terms; (c) to investigate and prosecute any violation of the Terms; (d) to disclose any of your information if required to do so by law; or (e) to remove accounts of users of the Platform who are deemed inactive for an extended period of time.

Sundo shall not be liable to any claim, demand, judgment or damage of a user of the Platform or any third parties in connection with the aforementioned actions.

9. MISCELLANEOUS. 

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 such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances.

These Terms do not, and shall not be construed to create any relationship between Sundo and you. 

No waiver by Sundo of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. 

All of our rights and obligations under our Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner.

You will not transfer any of your rights or obligations under our Terms to anyone else without our prior written consent.

These Terms will be governed by, construed and enforced in accordance with the laws of Israel, without regard to its conflicts of law principles or provisions. Disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Tel-Aviv – Yafo, Israel.

10. CONTACT US. 

 

If you have any questions, complaints or claims, please email us: info@sundoapp.com