General

The terms below define the terms of use of the website of Movir Technological Services 2015 Ltd. (“Movir“) at www.movir.com (the “Website“) and/or in the application of Movir (the “Application“) and/or any of the services of Movir, which shall be available to users by means of the Website or the Application; such services enable, among other things, the location of a mover or moving company, the ordering of a mover or moving company (the “Service Provider“), to identify the location of the Service Provider by means of GPS installed in your mobile device and the mobile device of the Service Provider, and all of the other services that shall be offered on the Website and the Application.

By your registration to the Movir services (whether by means of the Website or by means of the Application) and/or by your installation of the Application and/or by virtue of your use of Movir services (on the Website and/or the Application), you agree and confirm that you are legally competent to engage in an agreement with Movir and the Service Providers, that the terms of this document apply to you and obligate you, and that they are enforceable by Movir and the Service Providers; Movir shall not bear liability for anything deriving from your failure to comply with these terms.

Terms of User Access

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

You confirm and agree that the Website and the Application are only means of connecting you with potential Service Providers, and Movir is not acting as a Service Provider. Movir is not liable for logistical difficulties in anything relating to the provision of the service by the Service Provider; the Service Providers have the right to accept or reject any request for services that they offer, in their sole discretion, and Movir is not liable for any event of acceptance or rejection by a Service Provider.

Upon registration for the service you will have the ability to confirm or reject the receipt of marketing materials; in the event that you confirm the sending of marketing materials you agree to receive from Movir marketing materials; if you wish to stop receiving marketing materials, please send an email to the following address: support@movir.com, with a request to stop receiving marketing materials.

In order to receive services from Movir you must open an account; 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 Movir and Service Providers; Movir 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 Movir 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 cause the inappropriate use of your account, Movir is not liable for any damage, including damage that is not physical.

In providing the services Movir uses services of third parties; Movir cannot control or guarantee the level of reliability and truthfulness of information that arrives from third parties; every service that is offered by Movir is offered on an AS IS condition and on an AS AVAILABLE basis, without any obligation by Movir that the system will operate without faults and with full availability.

Loss and/or Theft of your Mobile Device

In the event of the loss and/or theft of your mobile device, you must notify Movir without delay at the following email address: support@movir.com; after successful completion of the identification process, Movir shall act in order to prevent unauthorized use of the services by means of your mobile device and/or your account, and in order to preserve the details of your use of the Application and/or the Website and/or the account and/or the services and to assist in transferring them to your mobile device, as you wish.

Intellectual Property

All of the intellectual property rights in the Application, the Website, the management system and the services offered on them, including the Suggestions as defined below, are the sole property of Movir and/or third parties on its behalf or of third parties who granted it authorization to use them within the framework of such Application, Website and services; furthermore, and without derogating from the generality of the aforesaid, Movir is the sole owner or licensee in the Application and all that is included therein in its entirety, and including copyrights, patents and designs relating to the Application and the Website, whether or not registered, names, logos and trademarks of the Application and the Website, whether or not registered, trade secrets and business information associated with the operation of the Application, the Website and the services supplied by them, in the design of the Application and the Website, 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/or the Website and/or the services, you must refrain from any action that could result in an infringement of the Intellectual Property rights of Movir 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 Application and the Website, 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 any other means or manner, without receiving the prior written approval of Movir.  If and to the extent such an approval is given, you must refrain from removing, deleting or interfering with any notice or marking appearing on the Application and on the Website with respect to Intellectual Property rights, such as copyrights ©, or trademarks® or TM, 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 on the Website, in any manner, or to publicly demonstrate or publicly execute any portion of the information on the Website, 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 Movir or the Website without receiving the prior written consent of Movir; (3) to produce a browser or other information framing environment around the information of Movir (it is prohibited to present the information by way of framing and/or by a link from within the text); (4) to infringe or breach the privacy rights or any other right of any user on the Website and/or the Application, or to harvest or collect identifying and personal information about users of the Website 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, to produce an index or data mining; (5) to publish libel, defame, abuse, harass, stalk, threaten or in any other manner violate the legal rights of others, or to include illegal content, slanderous content, abominable language, dishonest content or content that is indecent or content that is illegal for any other reason, in the content that is transmitted by you; (6) to impersonate any other person or entity, including, as a messenger, representative or agent of Movir; to misrepresent, or to present in any other incorrect manner your relationship with any other person or entity; (7) to transfer or to produce in any other manner, in connection with the Website, 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; (8) to damage the operation of this Website or to interrupt it, or to damage the operation or interrupt the operation of servers or networks that host this Website or which enable its availability, or not to comply with any demand, procedure, policy or regulation of these servers or networks; (9) to sell, to grant a license, or to exploit for any commercial purpose any use or access to information or to this Website; (10) to frame or mirror any portion of this Website, without the express prior written consent of Movir; (11) to create a database by methodically downloading and storing all or a portion of the information that appears on the Website; (12) to transfer any information that is derived from this Website without the prior express written consent of Movir; (13) to transfer or assign your password, temporarily or permanently, to a third party; (14) to access or to attempt to access any portion of the Website, which requires a password, without receiving a password for this purpose from Movir; and (15) to use this Website 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 Website 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 Movir or anyone on its behalf, in any event in which you breach these Terms of Use, or you act in connection with this Website in violation of the provisions of any law and/or a lawsuit is filed against Movir 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 Movir or anyone on its behalf.

Suggestions

You are invited to provide to Movir by means of email, the Application, Movir’s Facebook page or by another means, suggestions to improve or to make the services more efficient (the “Suggestions“); Movir is not obligated to use the Suggestions in any manner whatsoever; in addition, the Suggestions shall not vest you with any intellectual property ownership rights as provided in the paragraph above, and it is hereby clarified that you shall not be entitled to receive any compensation or consideration of any type or kind from Movir in respect of the Suggestions, whether or not Movir actually used them.

Service Providers and their Liability to Customers

You hereby grant to Movir a full and irrevocable power of attorney for the duration of your use of the services, to transfer information, including your name, your telephone number,  your picture (to the extent you provided it during the registration process), and your geographical location; details and time of transport to the Service Providers; this information shall be transferred to Service Providers in order that they may choose to accept your order for any of the services and to actually supply you with the transport services.

To the extent that after receipt of the telephone number and/or contact information of the relevant Service Provider by means of the Application and/or the Website, you will reach any agreement with the relevant Service Provider, we are not a party to such agreement and we will not have any obligation to ensure that it is enforced and/or fulfilled. It is prohibited for you and a Service Provider to enter into a transaction in circumvention of Movir. If we will become aware of such a circumvention, in addition to any remedies available to us under law, we will remove your account and you will no longer have access to Movir’s services by means of the Application and/or the Website. You hereby declare that you are aware that you are exclusively liable for any transaction that you shall perform and/or any agreement that shall be concluded between yourself and the relevant Service Provider, and you hereby release Movir, its partners, shareholders, managers, employees, service providers and/or other parties acting on its behalf, from any liability that may arise, if any, in respect of any action, claim, complaint and/or demand in connection with losses, damage and/or expenses deriving from and/or relating to acts or omissions of the Service Provider and in connection with the agreement concluded between you and a specific Service Provider.

Service Providers to which you shall be referred by means of the Application and/or the Website are parties that are not related to us, and they represented and undertook to us that they have the permits and licenses necessary pursuant to law in order to supply the services which they wish to supply to users.

After receipt of any service from one of the Service Providers, you are likely to be given the opportunity to rate the Service Provider and to give feedback regarding the manner in which the services were provided by it (“Feedback“).

We rely, in a complete and absolute manner, on the representations and undertakings that were made to us by Service Providers and on the Feedback provided by users, for purposes of evaluating the appropriateness of the Service Providers to the needs of users; for the avoidance of doubt, we perform limited examinations, background checks (including examination of licenses, certifications and/or other documents) of Service Providers, however, we cannot guarantee the truth, accuracy or validity of any information provided to us by the Service Providers.

The Service Providers that are supplying the transport services are independent contractors and are not employed by Movir, they do not serve as our representatives and/or as our agents and we do not serve as their agents and/or representatives in any manner or form; we serve only as a broker between the Service Provider and users, and we are not involved in the actual performance of the moving services supplied by the Service Providers.

The use of the various services that are offered by Movir is in your sole discretion and responsibility and you shall bear sole liability for any outcomes deriving therefrom; Movir shall not bear any liability for damages, including losses or omissions of any kind, that are caused by Service Providers, their employees and/or anyone on their behalf; furthermore, the prices of the services that are presented on the Website and the Application may be significantly different if additional services shall be ordered or due to unforeseeable factors such as force majeure, etc., and Movir is not liable for changes in these rates, for any reason whatsoever.

By your engagement for the service you are confirming that you are the owner and/or authorized on behalf of the owner in connection with the items that you wish to transport, that you have the permission to transport the items and to use the service of Movir; you need to handle the wrapping of the items and their proper packaging according to their size and weight before they are transported by the Service Providers, in order to ensure that  items shall not be damaged during transport; in the event of fragile objects you need to ensure that the fragile objects shall be wrapped and placed in a box or other sufficiently stiff container in order to protect the items from any damage, and are clearly marked “fragile” on the wrapping or box; with regard to items which are likely to be bent and thereby become damaged, you must wrap the items in the proper wrappings in order to prevent damage and to clearly mark them “please do not bend” on the wrapping or box; the Service Providers may not be liable for damages caused to items to the extent that they are not marked as required. In any event, Movir shall not be liable for any damage to items.

You are responsible to ensure that the items are consistent with law and that the transport of them does not constitute a violation of law in any manner whatsoever; the Service Providers have the right not to transport items which, in their discretion, the transport of which constitutes a violation of law.  You shall be liable for any damage related to the items that is caused by a third party.

In the event that it is necessary to disassemble and assemble items, the Service Providers will use their best efforts to assist with such disassembly and assembly of such items; Movir and the Service Providers shall not be liable for damages caused from the disassembly or assembly of items.

Without derogating from the generality of the aforesaid, you agree that the total liability of Movir towards you, in respect of any damages, shall not exceed, in any event, the amount equivalent to 50% of the amount that is actually paid by you to Movir, if any; any complaint and/or claim for damages must be submitted to Movir, in writing, within 3 business days from the date of termination of the service, otherwise Movir shall not be liable for any damage whatsoever; you can send your complaint to the following address: support@movir.com; please indicate your full name, the date of the order, the order number, the name of the Service Provider and the item that was damaged, with details of the damage; Movir shall evaluate the damage according to its size in relation to the item and decide in its sole discretion on the appropriate compensation for it, subject to the liability limitation provided  above.

You can cancel your order of service up to 12 hours prior to the time fixed for performance of the service; in the event of cancellation of the service within 12 hours prior to the time fixed for its performance, your credit card will be charged in the amount of 20% of the total cost of the service.

Payment by Credit Card

Payment for the services shall be performed by means of credit card; the customer, whose email address relates to an order and which is registered on its account, will receive a receipt from Movir or someone on its behalf, detailing the payment; the sending of the receipt to the email address is instead of sending a physical receipt by regular mail; these terms define the sending of the receipt, and you agree to the following terms: (1) the sending of the receipt and receipt of it to your email address shall be treated and accepted as if a physical receipt was sent; (2) Movir shall not be liable in the event that the receipt sent to you is treated as spam; (3) if your email address is not accurate including typing errors or incorrect information, Movir is not liable for anything resulting therefrom, including problems with receiving information or a receipt.

We use, for ourselves or as brokers between you and Service Providers, payment processing services of third party companies for purposes of performing the payment by means of the Website and/or the Application (the “Payment Processing Company” and the “Payment Processing Services“, as applicable). Within the framework of the Payment Processing Services, payment details and/or credit card details are entered by the user of the Application and/or the Website and/or any other detail relating to payment (“Credit Details“) and reach the Payment Processing Company; after the aforesaid details are transferred to the Payment Processing Company, we receive from the Payment Processing Company unique anonymous information (Token) which enables connecting the user of the Website and/or the Application and his/her Credit Details for purposes of payment by credit card for the services provided on the Website and/or the Application; we do not ourselves use the Credit Details and we do not save the Credit Details in our database; we disclaim any liability in relation to the Payment Processing Services, and the use of these services in connection with the Website and/or the Application is at your own risk; in addition, you declare and confirm that the Payment Processing Services performed within the framework of the Website and/or the Application is in the name of and on behalf of the Service Provider, and the sending of a receipt for the service that is received by you from the Service Provider, as applicable, does not constitute a direct engagement between us and yourself for purposes of the supply of the services, unless otherwise expressly agreed.

Payment Processing Companies may use your Credit Details only for purposes of: 1) improving the Payment Processing Services (without using personal information); 2) implementation of antifraud measures or in connection with legal disputes between the Payment Processing Company and users and/or Movir; in addition, the Payment Processing Company can transfer anonymous statistical information that it collects to third parties for its own commercial purposes.

Credit Limit

When a user selects to pay by means of credit card using Payment Processing Services, the user provides its consent to perform a credit limit check during which 50 NIS from the account are “held” (a “Credit Check“); in the event that the Credit Check fails, the user will be requested to enter another payment method or to pay in cash; in the event that the Credit Check succeeds, we will immediately send a message to the relevant credit card company of the “release” of the credit line; the actual time of the release is subject to the type of credit card that the user has; it is possible that within the framework of the Credit Check the user will be sent a notice by the relevant credit card company relating to the Credit Check as a debit in the amount of the credit held; for the avoidance of doubt, the Credit Check does not actually charge the payment method in any event, whether or not such a notice shall be received from the credit card company, and in the event that there will be an actual debit of NIS 50 from your account that is not the payment amount for the transport, update us and we will handle receiving a credit for you.

Dates of Non-Operation

Israel Dates” – every Saturday, two days of Rosh Hashana, Yom Kippur, the first and eighth days of Sukkot, the first and seventh days of Passover and Shavuot.

Additional Terms Relating to the Services

The services offered by Movir may be changed and amended from time to time; Movir reserves the right to remove certain services or to add certain services within the framework of 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 Application and/or the Website, these additional terms shall be deemed for all intents and purposes as an integral and inseparable part of these Terms of Use.

Rates

Movir reserves the right to update the rates for the services from time to time, subject to requirements of law and in accordance with that detailed in the Application and/or the Website and/or various special offers, as Movir shall choose to implement from time to time.

Term of Agreement and Cancellation of Agreement

These Terms of Use serve as a binding agreement valid from the date of installation of the Application on your mobile device and/or commencement of any use of the Website, and until it shall be cancelled at the request of one of the parties (the “Agreement Term“).

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: support@movir.com; in this event, the cancellation shall enter into effect after Movir shall send you a confirmation, within a reasonable time, of receipt of the cancellation notice.

In the event that we shall request to cancel the Agreement, we will endeavor to notify you by email of our intent to do so, and in any event we can will be able to block your access to the Application and/or the Website immediately; in this event, the cancellation shall enter into effect immediately upon the blocking of your access to the Application and/or the Website.

Upon the termination of the Agreement Term, you are required to immediately uninstall the Application from your mobile device, and to immediately cease to use the Application and/or the Website and/or the account and/or any of the services supplied by us.

Limitation of Liability

Movir shall not bear any liability relating to content and/or the services supplied by third parties, including Service Providers, their content, reliability, exactness, and truthfulness nor for any damage, inconvenience, loss or distress caused to you, directly or indirectly, as the result of the use of the information appearing on the screens of the Application and/or the Website and/or from the use of the services; please note that Movir shall not bear any liability whatsoever in respect of illegal acts of users and/or Service Providers and/or any other party, which are not within its full control.

Movir shall use its best efforts to operate the Application, the Website and the services offered by them in a proper manner, without technical faults and without disturbances; however, since the activities of the Application and the Website depend upon suppliers and third parties, including mobile operators, Service Providers, etc., it is possible that the Application and/or the Site will not always be free of disturbances and faults in their continuous operation; you shall not have any claim, demand or complaint whatsoever against Movir 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; Movir shall not bear any liability and/or debt in respect of the interruption, error or deletion of material found on the Application and/or the Website and/or the various services and/or their content, and shall not be liable for any damage, direct or indirect, caused due to the accessing of the Application and/or the Website and the use of them or due to any obstacle to accessing or using them.

Movir, and anyone that receives an express permission from it (including Service Providers), are entitled to advertise by means of the Application and/or the Website, commercial information and advertisements by means of designated advertising areas on the pages of the Application and/or the Website; the liability for the content of the published advertising is solely of the publisher; Movir does not have any liability relating to the content of advertising or its reliability; the publication of information on the Application and/or the Website in itself shall not be deemed as endorsement or as a recommendation by Movir of the purchase of the products included in such advertisements.

Indemnification and Compensation

You hereby undertake to indemnify and compensate Movir 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 Application, the Website and the Services.

Changes to the Terms of Use

Movir is entitled to make changes to these Terms of Use at any time, in its sole discretion; please note that material changes in the Terms of Use shall be accompanied by a prior notice thereof on the homepage of the Application and/or the Website; changes to these Terms of Use that are subject to provisions of law shall enter into effect in accordance with the provision of such law and without the provision of a prior notice on the pages of the Application and/or the Website; your continued use of the Application and/or the Website and the services provided on them 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/or the Website and the services offered on them.

Jurisdiction and Governing Law

Exclusive jurisdiction to resolve any dispute and/or disagreement relating to the Application, the Website, the services, Movir 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 the Application and/or the Website shall be the laws of the State of Israel only.

Contacting Movir

For any questions and/or requests relating to the Application, the Website and the services provided on them and these Terms of Use, including the Privacy Policy, you may contact us at the following address:  support@movir.com