Terms and conditions

Site Regulations

Regulations for Use of the Meckano Attendance Management System

"The Company", in these regulations, is Meckano Time and Attendance Management, owned by Meckano Ltd.
"The Site", in these regulations, is the home website and sales site of the Company, meckano.co.il.
"Client", in these regulations, is a surfer that:
• Owns an electronic mailbox on the web.
• From the moment of connection to the system, you agree to the terms of service and use of the system.
• These articles are intended to regulate the relations between the client and the Company as to activities on the site, and all activities done on the site are subject to these regulations, and thus the client is requested to review all provisions of the regulations before beginning work with the site.

1. General

1.1 The attendance clock system – Meckano – is a time and attendance system that was built and maintained by Meckano Ltd. ("the Company"). The Meckano System is an attendance clock system that is provided upon the web and provides users with access and work from any station connected to the net, whether by computer or other device that allows use of the system, such as mobile phone, palm devices, tablets, etc. ("the System") through the company's website, which is: app.meckano.co.il: the Site.
The program allows management of the employee's hours at the organization, management of departments and branches, analysis of working hours, attendance reports, work agreements, etc.
1.2 The site and the system therein are offered for use provided you accept, as is, all terms included in this document. If you do not agree to the terms of use, entirely or partially, you may not use the site for any purpose. Your entry into the site and use of contents and services offered therein constitute your consent to all terms of use.
1.3 The company reserves the right to change the services provided on the site, terminate them or add thereupon, at any time, entirely or partially, according to its discretion and without being required to provide notice in advance. Also, the company is entitled to change these terms of use from time to time, add thereupon or retract therefrom, in relation to this site – entirely, partially, as to its feature or application – at any time, according to its discretion and without being required to provide notice in advance. The full responsibility for being familiar with the terms of use for the site applies, at any time, to the site users. In case of termination of the service, the company will not be liable towards the user and/or any third party due to damage and/or loss and the user will have no claim and/or demand due to such termination of the agreement.
1.4 By approving these terms of use, you agree to receive notices by electronic or other media (SMS, email, etc.) from the company and/or its behalf on matters related to this site.
1.5 The responsibility for entering the personal details at the designated places on the site, in a precise and full manner, applies to you only, and the company does not have and will not have any responsibility for the correctness of the details, their accuracy, format or inputting thereof. Only a user that entered full personal details received by the site system may use the site and receive the offered services. If there is a malfunction due to receipt of incomplete and/or imprecise details by the company, the company will have no liability for any damage, of any kind, in connection with the services and the aforesaid.
1.6 Use of the system will be done subject to technical rules and instructions provided by the company to its users through use of the details provided by you or as publicized on the site from time to time. Use of the system or some of the applications therein might be conditional on fulfillment of configuration requirements (and/or definitions) for hardware, software and communication. If needed, the company will publicize on the site, from time to time, such configuration requirements. It is the user's responsibility to keep up-to-date as to the guidelines publicized on the site and implement the same at the expense thereof.
1.7 The user will use the system services according to law and subject to usage instructions of the company and/or its behalf.
1.8 The company may, according to its discretion, block your access to the services, including in cases of (1) breach of these terms of use; (2) violation of the law; (3) if there is intentional or malicious disruption of any kind to the proper operation of the company's computer system. It is clarified that for these actions there shall be exclusive and complete liability upon the user and he declares that he will indemnify the company accordingly and promptly for any claim and/or demand by a third party.
1.9 The content of the site and/or system may include imprecisions or typos.
1.10 Use of the masculine form is done for convenience only and includes feminine and/or plural forms.
1.11 Subject to the fulfillment of the detailed terms of use, the company provides you with personal, non-commercial, non-unique, non-transferable and time-limited license to use the system or part thereof, unless the company determines otherwise in writing.

2. Intellectual Property

2.1 This agreement provides you with authorization only to use the site and/or the system according to the terms on the site. The rights of ownership over the site and/or the system and its contents, including all intellectual property rights, will always remain with the company and/or its behalf.
2.2 All intellectual property rights, including copyrights, patents, designs and trademarks on the site and/or the system and the services offered therein, including the information, content, graphics, illustrations, symbols, logos, software applications, etc., belong to the company and are protected by the intellectual property laws of the State of Israel, intellectual property laws of other states and international treaties.
2.3 The tradenames, trademarks of the company and all other signs that appear on the site are the proprietary trademarks of their owners. You may not perform any action that might compromise their intellectual property rights.
2.4 The site, the system, the content and services offered therein are intended for personal and non-commercial use. It is forbidden to copy, change, distribute, transmit, display, present, transfer, publicize, process, form derivative works, sell or rent and store the content of the site and any other content received through the site, partially, fully, temporarily or permanently, whether by you or through or along with a third party, by any manner or means, whether electronic, mechanical, optical, duplication or recording means, or any other manner or means, without explicit permission from the company, in writing and in advance.

3. Payment

3.1 The services on the site are provided for payment, for a fixed subscription fee and/or one-time license fee, according to the company's sole discretion and according to its pricelist, which might change from time to time.
3.2 Payment will be collected according to the charge period as set. The subscription may be cancelled at any time by application to the company's phone service center or by email to the company. The company will cease charging the user for subscription fee starting from the subsequent month.
3.3 Notice on change of the pricelist, if any, will be delivered by regular mail or email as provided by the user to the company at the time of engagement. The change will become effective within 60 days after delivery of the notice to the user.
3.4 The company will issue a lawful tax invoice, up to 14 days after termination of service. The invoice will be sent by email unless the user requested receipt of the invoices by mail.

4. Liability

4.1 The content and services on the site and/or the system are provided "as is" and "as available. They cannot be adapted for any purpose or needs of the user. Thus, you will have no claim, demand or argument towards the company for the services provided on the site, their limitations, compatibility with your needs, etc. Use of the site and/or the system is at your sole and exclusive responsibility.
4.2 The company does not commit that the services provided on the site and/or the system will not be disrupted, provided without interruption, safely and without error, or immune from unauthorized access to the company's computers, flaws, defects, damages or failures – in the software, hardware, communication lines and systems, of the company and/or its behalf. The company and/or its behalf may perform improvements, changes and omissions on the site and/or the system, the content and services offered therein, at any time, without notice in advance and according to the company's sole discretion. You will have no argument, claim or demand towards the company due to such changes and/or flaws that of occur due to the same.
4.3 Without derogating from the aforesaid, the company, its executives, employees and/or any person on its behalf are not liable in any manner for any flaws on the site or the system or the services, deriving from flawed performance by vendors or factors that are not under its control, including force majeure, such as: strikes, weather, war, holidays, etc. Without derogating from the aforesaid, you agree and undertake that any flaw, disruption, delay, etc., deriving from force majeure, will not be considered as breach of these terms of use by the company and/or its behalf, and will not entitle you to any remedy, right or relief.
4.4 It is clarified that the company has back-up and security services. The information, data and any other matter inputted and transferred on the site or the system are not totally immune and the company does it best in order to prevent infiltration by unauthorized persons. The company will not bear any damage and/or liability caused due to damage to the systems. The user will be solely responsible for security, back-up and protection of the information on its systems and/or equipment. The company will not bear any liability and/or damages and/or loss caused due to a security problem, including due to infiltration by unauthorized persons and/or system collapse.
4.5 The user confirms and agrees that he understands the risks he is exposed to due to use of the system and he intends to exercise means (including the means specified in these terms of use) in order to prevent and/or significantly mitigate the risks involved in use of the system, and if required, to insure the damages that might be incurred thereby due to use of the system.
4.6 The company has no control over information on the system and/or the site through its services and it will not be liable for it or its content, including as to third party rights.
4.7 In no case will the company bear liability for any damage, payment, loss, expense, loss of profit, disruption of business, loss of information and any direct or indirect damage deriving from use of the system.

5. Links and hyperlinks

5.1 You may receive access via the site and/or the system to content and services of third parties that are not included in the site and/or the system. These contents and services, which are directly provided by third parties, are not at the company's responsibility, even if the site and/or the system include hyperlinks to sites or services of third parties. In order to examine the terms and prices that apply to content and services of third parties, apply to the relevant vendors. The company may change, add and remove hyperlinks from time to time according to its absolute discretion.
5.2 Publication of notices, ads or links on the site and/or the system will not be construed as an offer intended to you, as an endorsement, encouragement, consent or sponsorship by the company for the content and services offered by the advertisers, third parties or the linked sites. Your reliance on any content, information, ads, products, opinions and stances presented or advertised on the site and/or the system or such linked sites will be done according to your discretion and under your exclusive responsibility.

6. Privacy

6.1 The information you enter to the system is under your ownership and exclusive responsibility. The company undertakes not to use your details as entered to the system except for the purposes of the system and according to its privacy policy. However, the company reserves the right to collect information regarding patterns of use of the site and the internet and to use such information for improvement of the services on the system, its operation and content, subject to the company's privacy policy and any law.
6.2 The information collected as part of use of the system and surfing on the site will be subject to the privacy policy, without derogating from these regulations.

7. Information Security

7.1 The access to the system is possible only with a username and password. You undertake not to use the username and password of another person and not to provide your username and password to any third party.
7.2 You must report to the company promptly once you discover that your username and password have been lost or used without your consent. It is nevertheless clarified that you will be responsible for any use made thereof (including payment for services or products sold as part of the services) even if done without your consent.
7.3 We recommend and may demand that you change your password from time to time.

8. Technical Support

8.1 The company will provide technical support services to the user regarding use of the system during the activity hours of the company's support center as publicized from time to time. Applications for support may be done by email or phone. The technical support services will be provided only if the malfunction occurred in the service provided by the company and/or under its responsibility. In any case, no technical support services will be given for malfunctions that are not under the company's control and the user will have no claim due to non-provision of such support services.

9. Termination of Use by the Company

9.1 The company is entitled to terminate use made by the user of the system if he fails to fulfill the terms of this agreement or part thereof. Also, the user will be obligated to indemnify the company, its employees, executives, shareholders and/or any person on their behalf for any damage, loss, loss of profit, payment or expense incurred thereby – including legal fees and court expenses – due to breach of these terms of use.

10. Indemnification

10.1 The provisions of this agreement do not derogate from any right available to the company according to any agreement and/or any law and does not derogate from the company's right to sue the user for any damage and/or loss and/or expense incurred thereby as a result of the user's actions and/or defaults.

11. Reservation of Rights

11.1 Any waiver or extension given to the user by the company is limited to the specific circumstances in which it was done or given to the user and does not derogate from the company's rights per the agreement or the law.

12. Set-Off and Lien

12.1 The company will be entitled to off-set, from any amount received from the user in connection with this agreement or any other agreement or debt owed by the user, all payments or debts payable thereto. This is a setoff notice according to law and the user agrees that the company will not be obligated to send any additional setoff notice. The user has no setoff rights per this agreement. The company will have right of lien over equipment it sold to the user, if sold, against payments or debts payable thereto by the user in connection with this agreement or any other agreement or debt owed by the user to the company in connection with equipment.

13. Assignment of Rights

13.1 The company is entitled to assign any right according to this contract to a third party without notification in advance and, without derogating from the generality of the aforesaid, to collect monies payable thereto according to law from the user and/or to transfer the engagement with the user to a third party. This provision is of the essence: the user is not entitled to assign his rights per this agreement.

14. Exhaustive Agreement

14.1 All obligations and agreements of the parties stem from this agreement only. The agreement prevails over any other former agreement and/or understanding and/or representation, orally or in writing.

15. Miscellaneous

15.1 The company's address for sending notices is publicized on the website of the system and might change from time to time.
15.2 The user's address for sending notices and/or bills is the email address used thereby in order to register to the system. The user will notify the company in writing, by mail, email or by leaving a notice on the system's home website, within 14 days, of any change in his address or other details he provided to the company. Any notice sent by the company to the email address provided by the user will be considered as having been delivered.

a. Only a client as defined above may perform an action and/or actions, including purchase/s on the site, in the manner as aforesaid.
b. Products and/or services will be presented on the site at varying quantities and types and in different manners, according to the sole discretion and selection of the company.
c. The information will be retained by the company on a database that is transferred by a secure and encoded protocol.
d. The company will use information for the sake of executing the offer and order of the client and for updating the client as to new products and updates that might interest the client. In case the client is not interested in such updates, he must send the company an email, to: [email protected], explicitly requesting to delete his name from the distribution list.
e. Subject to court order, the company will do its best so that the information is not transferred to third parties, except its employees, the credit card companies, other entities exposed to the information in order to execute the client's order and entities that, by law and/or due to their role, supervise the site, including persons in charge of managing the company's legal and financial matters.
f. If and when the company accepts the client's offer to purchase a product and/or service, the client will be charged for the product and/or service for which he submitted his offer. Payment will be done immediately and/or at the time of issuance of the invoice.
g. The company reserves the right to retract and/or add a product/s and/or service/s from the site and/or change the site and/or its content and/or the prices and/or the terms thereof at any time and without advance notice.
h. Use of the service is done at your responsibility only. Information on the location of signing-in (by smart phone) may be imprecise. The information is received by use of location of the device through the device's GPS and the accuracy of the location depends on the quality of the receiver and the information that arrives from the location services. The location services are received from several sources, such as: Google Maps, routers, Wi-Fi antennae and cellular antennae. We do our best in order to provide the precise location, though we are not responsible for coordinates received from the location service and we present them as is.
i. Use of the Meckano attendance system does not allow you to copy, distribute, present and publicly display content and information that appear on the site. Subject to the aforesaid, the service's database is the property of the company and it may not be used unless for private non-commercial needs.
j. Availability of the service and saving of the information – the Meckano system is based on cloud technology and we depend on service suppliers for availability of the server, receipt of the location and retention of data history. We recommend saving the information that is received by the system by downloading xls files and detailed reports, in order to provide additional back-up for the information saved on the system servers. In any case, Meckano will not bear liability for damage, payment, loss, expense, loss of profit, cessation of business, loss of information and any direct or indirect damage deriving from use of the system. The sole responsibility of Meckano is as specified in these regulations.
k. Meckano's attendance clock service is for payment and use thereof is at your responsibility only. However, Meckano and/or its employees, executives and shareholders, advisors and/or any person on its behalf (heretofore and hereinafter: Meckano) will not bear any liability towards you and/or third parties, for any reason, in connection with Meckano products and/or services, and you hereby irrevocably release Meckano from any liability, of any kind, for any result deriving from use of Meckano services and/or products, including (without limitation) due to any loss, loss of profit, harm to reputation, payment, expense and/or damage, whether direct or indirect, monetary or non-monetary.
l. In any case that, due to force majeure, the company is prevented from managing the site and/or proper activity thereof, the company will be entitled to cancel the engagement with all or any of the clients. "Force majeure", in this section, means factors or events that are not under the company's control and that prevent or delay the execution of the activities on the site or supply of the products and/or the services, including, without derogating from the generality of the aforesaid, computer malfunctions, malfunctions of phone system or malfunctions in other communication systems, sabotage or other extraordinary security event, absence and/or unavailability of the product in the market for any reason.
m. All disputes and/or conflicts between the parties as to the site and/or these regulations will be submitted to decision by a sole arbitrator that is appointed from the list of arbitrators held by the Haifa District Bar. The arbitrator will not be subject to substantive law, procedural law or evidence law. This section constitutes an arbitration agreement as defined by the Arbitration Law, 5728-1968.
n. The local jurisdiction on any matter and dispute is vested with the competent court in Haifa only.
o. The client declares that he has read the site regulations and is aware of the site regulations and he or any person on his behalf will have no claim or demand against the company and/or its employees and/or operators of the site and he exempts them from any liability to any damage, whether direct or indirect, due to a product and/or service, including due to its quality, nature and use thereof.
p. All rights are reserved by Meckano. It is forbidden to copy, duplicate and make any commercial use without receiving approval from Meckano Time and Attendance Management.

Regulations version 2603201816