Last revised: 1.7.2018
Hi Bob Limited (including its affiliates) (“Hi Bob” or the “Company”) welcomes you (the “User”, or “you”) to our Time and Attendance application (the “App”).
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ENTER TO, CONNECT TO, ACCESS OR USE THE APP IN ANY MANNER.
1. The App:
The Time and attendance application is our proprietary mobile app with which Users can manage attendance. Managers can define and edit each team member’s work cycle and modify information as required. The system allows reports that can be exported to payroll.
If our Customer chose to utilize the optional Time and Attendance module, Hi Bob shall retain and process time logs as entered by the User. If the User chooses to use the Time and Attendance application, the system may also retain logs and the pre-defined parameter thus certain limited geolocation information may be retained in the system.
Please note that the pre-defined parameter may not be accurate and may not define exactly the parameter of the working place. Hi Bob cares about the privacy of its users and chose as part of its “privacy by design” architecture, not to collect precise geolocation or geolocation of User’s mobile device when it is outside the pre-defined parameter.
A User can use the time attendance module without the geo fencing feature and can at any time switch off the auto clock-in feature in its “Settings” tab of the Platform. Customer is responsible to acquire any required consents under applicable law, including from Authorized Users (As applicable) allowing the use of the App.
2. User Representations and Undertakings:
Your use of the App (or any part thereof) is dependent on the fact that you hereby represent and warrant that:
- you possess the knowledge and judgment necessary to decide whether to use the App or otherwise rely on any information available therein;
- you acknowledge that there are risks in using the App, and that Hi Bob cannot and does not guarantee any specific outcomes from such use, and you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such use;
- you possess all necessary rights (including ownership rights), either through yourself or through receipt of necessary consent or permission, to use the App;
- you possess the legal authority to enter into these Terms and to form a binding agreement under any applicable law, to use the App in accordance with these Terms, and to fully perform your obligations hereunder;
- if you connect to, access or use the App on behalf of any third party, family member or dependent, you represent and warrant that you are duly authorized under any applicable law to represent such third party, family member or dependent in connection with these Terms and to commit it to be bound by these Terms, and hereby make all representations and warranties herein on both your and its behalf;
- the execution of the Terms does not and will not violate any other agreement to which you are bound or any law, rule, regulation, order or judgment to which you are subject and you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and you are not listed on any U.S. Government list of prohibited or restricted parties;
- you acknowledge that you are solely responsible for complying with applicable laws regarding your use of the App; and
- you will not infringe or violate any of the Terms
1. Use Restrictions:
There are certain behaviors that are strictly prohibited within the framework of App. Please read carefully the restrictions listed below. Failure by you to follow the provisions that are listed below may (at the sole discretion of the Company) result in termination of your access to the App and may also expose you to civil and/or criminal liability. You may not (either by yourself or by anyone on your behalf ):
- copy, modify, adapt, translate, reverse engineering, reverse-compile, disassemble, publicly display or distribute in any way, the content of our App, including any information, material or data available on the App other than your subscription or any personal information (collectively, the “Content”);
- make any use of Content on any other website or networked computer environment for any purpose, or replicate or copy Content without Company’s prior written authorization;
- create a browser environment or other demarcation of the information around Hi Bob’s Content (no frames or inline linking);
- infringes or violates the rights of privacy or any other rights of another User or to gather personally identifiable information and users without their explicit consent, including – Using the “Robot”, ”spider” editing application , or other manual or automatic device or process to retrieve, index, or data-mine;
- defame, slander, abuse, stalk, harass, threaten, or otherwise harm the lawful legal rights of others;
- transfer or create any other way in connection with the App, any computer virus, ”worm”, ”Trojan horse”, bug, spyware, malware, or any other computer code, file or programs that may damage, or are intended to damage the activity of any hardware, software or telecommunications equipment or component or code, damaging, have the potential to cause damage, interfering or intrusive;
- damage the operation of the App/(s) or disturb the Apps/(s) to impair or interfere with the servers or networks that host the App or allow the availability, or disobey any requirements, procedures, policies or regulations of these servers or networks;
- sell, license, or exploit for any commercial purpose any use or access to the App (or any content therein) without Hi Bob’s express consent;
- assign (e.g. frame) or a copy (e.g. mirror) any part of the App without Hi Bob’s prior express written consent;
- create a database – by systematically downloading and storing all or any part of the App;
- use the App for any purpose that is unlawful, immoral or unauthorized,
- to use the App and/or the Content for commercial or non- private purpose without Hi Bob’s express written consent;
- install and/or use the App on a simulator or an emulator.
3. Intellectual Property Rights:
The App, the Content, the design, logos, graphics, images, as well as the selection, assembly and arrangement thereof, Hi Bob’s proprietary software, algorithms and all intellectual property rights pertaining thereto, including inventions, patents and patent applications, trademarks, trade names, logos, copyrightable materials, graphics, text, photographs, designs (including the “look and feel” of the App and any part thereof), specifications, methods, processes, algorithms, data, technical information, technology, interactive features, source code and objects, files, interfaces, interface graphics and trade secrets, whether or not registered or registrable (collectively, “Intellectual Property”), are owned and/or licensed to Hi Bob and are subject to copyright and other applicable intellectual property rights under U.S laws, foreign laws and international conventions. Unless expressly permitted in these conditions, you may not copy, distribute, display, publicly perform, make available to the public, disassemble, separate, modify, sublicense to, commercial use, sell, rent, lend, process, connect, combine with other software, translate, modify, or create derivative works of any material that is subject to Hi Bob’s proprietary rights, including Hi Bob’s intellectual property, either by yourself or by someone acting on your behalf, in any way or by an means. All logos and other proprietary identifiers used by Hi Bob in connection with the App, (“Hi Bob Trademarks”) are all trademarks and/or trade names of Hi Bob, whether or not registered. All other trademarks, App marks, trade names and logos, which may appear on or with respect to the App belong to their respective owners (“Third Party Marks”). No right, license, or interest to Hi Bob Trademarks and/or to the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to Hi Bob Trademarks or the Third Party Marks and therefore you will avoid using any of those marks, unless expressly permitted herein. You are hereby prohibited from removing or deleting any and all copyright notices, restrictions and signs indicating proprietary rights of Hi Bob and/or its licensors, including copyright mark [©] or trademark [® or ™] contained in or accompanying the App, and you represent and warrant that you will abide by all applicable laws in this respect. You are further prohibited from using, diluting or staining any name, mark or logo that is identical, or confusingly similar to any of Hi Bob marks and logos, whether registered or not.
5. Third Party Apps:
6. Third Party Components:
The App may use or include third party software, files and components that are subject to open source and third party license terms (“Third Party Components”). Your right to use such Third Party Components as part of, or in connection with, the App is subject to any applicable acknowledgements and license terms accompanying such Third Party Components, contained therein or related thereto. If there is a conflict between the licensing terms of such Third Party Components and these Terms, the licensing terms of the Third Party Components shall prevail only in connection with the related Third Party Components. These Terms do not apply to any Third Party Components accompanying or contained in the App and Hi Bob disclaims all liability related thereto. You acknowledge that Hi Bob is not the author, owner or licensor of any Third Party Components, and that Hi Bob makes no warranties or representations, express or implied, as to the quality, capabilities, operations, performance or suitability of Third Party Components. Under no circumstances shall the App or any portion thereof (except for the Third Party Components contained therein) be deemed to be “open source” or “publicly available” software.
7. Usage Rules:
Since you may download the App from a third party platform, App provider or distributor (e.g. App Store or Google Play Store), (“Platform Provider”) your use of the App may also be governed by usage rules which the Platform Provider may have established and which relate to your use of the App (“Usage Rules”). Please note that in such case, Usage Rules may apply and it is your responsibility to determine what other Usage Rules are applicable to your use of the App. You undertake to comply with all the applicable Platform Provider’s Usage Rules. The terms of the Usage Rules may prevail over any other Terms, You represent that you are not prohibited by any applicable laws or Usage Rules from downloading and/or using the App. Any download and/or use of the App by anyone prohibited by any applicable laws or Usage Rules from downloading and/or using the App is expressly prohibited. You acknowledge and agree that Platform Provider has no responsibility for the App or content thereof, nor does it have any obligation whatsoever to furnish any maintenance and support Apps with respect to the App. In the event of any failure of an App downloaded from a Platform Provider to conform to any applicable warranty, you may notify the relevant Platform Provider, and Platform Provider may as the sole remedy of the Platform Provider (if it chooses or obligated by law to do so) refund the purchase price, if any, for the App to you to the maximum extent permitted by applicable law. The Platform Provider may have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to Hi Bob as provider of the App. You acknowledge that Platform Provider may not be responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability and intellectual property claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms and any law applicable to Hi Bob as provider of the App. You acknowledge and agree that if you downloaded the App from a Platform Provider, and its subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, the Platform Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
The App availability and functionality depends on various factors, such as communication networks software, hardware, and Hi Bob’s App providers and contractors. Hi Bob does not warrant or guarantee that the App will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access error-free.
9. Changes to the App:
Hi Bob reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently the App (or any part thereof, including but not limited to the Content) without notice, at any time and at its sole discretion. In addition, you hereby acknowledge that the content provided under the App may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that Hi Bob shall not be liable to you or to any third party for any modification, suspension, or discontinuance of our Apps or the Content included in the App.
10. Disclaimer and Warranties:
Hi Bob DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, THE INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE APP. THE APP (AND ANY PART THEREOF), INCLUDING WITHOUT LIMITATION ANY CONTENT, DATA AND INFORMATION RELATED THERETO, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. HI BOB AND ITS AFFILIATES, INCLUDING ANY OF THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES AND OTHER AFFILIATES (COLLECTIVELY, “HI BOB AFFILIATES”), JOINTLY AND SEVERALLY, DISCLAIM AND MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE USABILITY, ACCURACY, QUALITY, AVAILABILITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF ANY CONTENT, DATA, RESULTS, OR OTHER INFORMATION OBTAINED OR GENERATED IN CONNECTION WITH YOUR OR ANY USER’S USE OF THE APP. Hi Bob DOES NOT WARRANT THAT THE OPERATION OF THE APP IS OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR OTHER PROGRAM LIMITATIONS. HI BOB MAY, AT ITS SOLE DISCRETION AND WITHOUT AN OBLIGATION TO DO SO, CORRECT, MODIFY, AMEND, ENHANCE, IMPROVE AND MAKE ANY OTHER CHANGES TO THE APP AT ANY TIME, OR DISCONTINUE DISPLAYING OR PROVIDING ANY CONTENT OR FEATURES WITHOUT ANY NOTICE TO YOU. YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE APP, INCLUDING USE OF AND/OR RELIANCE ON ANY CONTENT AVAILABLE THROUGH THE APP, IS ENTIRELY, OR OTHERWISE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AT YOUR OWN RISK.
11. Limitation of Liability:
IN NO EVENT SHALL HI BOB AND/OR ANY OF THE HI BOB AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, RESULTING FROM OR ARISING OUT OF THE APP, USE OR INABILITY TO USE THE APP, FAILURE OF THE APP TO PERFORM AS REPRESENTED OR EXPECTED, LOSS OF GOODWILL, DATA OR PROFITS, THE PERFORMANCE OR FAILURE TO PERFORM UNDER THESE TERMS, AND ANY OTHER ACT OR OMISSION OR BY ANY OTHER CAUSE WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM THE CONDUCT OF ANY USERS AND/OR THIRD PARTY APPS. NO ACTION MAY BE BROUGHT BY YOU FOR ANY BREACH OF THESE TERMS MORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF SUCH CAUSE OF ACTION. AS SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEN SUCH LIMITATIONS ONLY MAY NOT APPLY TO A USER RESIDING IN SUCH STATES. SUCH LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO ALL CLAIMS FOR DAMAGES, WHETHER BASED IN AN ACTION OF CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE, TORT, OR OTHERWISE. YOU HEREBY ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS OF LIABILITY ARE AGREED ALLOCATIONS OF RISK CONSTITUTING IN PART THE CONSIDERATION FOR HI BOB’S APPS TO YOU, AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND EVEN IF HI BOB AND/OR ANY HI BOB AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES AND/OR DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL HI BOB’S CUMULATIVE LIABILITY TO YOU EXCEED AMOUNTS PAID TO Hi Bob FOR USE OF THE APP. IF YOU HAVE NOT MADE ANY PAYMENTS TO HI BOB FOR THE USE OF THE APP, THEN Hi Bob SHALL NOT HAVE ANY LIABILITY TOWARDS YOU.
You agree to defend, indemnify and hold harmless Hi Bob and any Hi Bob Affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, fines, late fees, cancellation fees and expenses (including attorney’s fees) arising directly or indirectly from: (i) your use of the App (or any part thereof); (ii) breach of any term of these Terms by you; (iii) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party which relates to your use of (or inability to use) the App; (iv) your violation of any third party intellectual property rights, privacy rights or other rights through your use of the App or provision of information to the App; and (v) your violation of any applicable law or regulation.
13. Amendment to Terms:
14. Termination of App:
These Terms do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto. Any claim relating to the App or use of the App will be governed by and interpreted in accordance with the laws of the State of Israel, without reference to its conflict-of-laws principles. Any dispute arising out of or related to your use of this Site and/or the App(s) will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the District of Tel-Aviv, Israel. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. You may not assign, sublicense or otherwise transfer any or all of your rights or obligations under these Terms without Hi Bob’s prior express written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. These Terms are the entire terms and conditions between you and Hi Bob relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Hi Bob. Notices to you may be made via email or regular mail or upon a message within the App or a notice on Company’s Site. Our App may also provide notices of changes to these Terms or other matters, by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.