The purpose of these terms and conditions (“ Terms”) is to explain the services of Atalef AI which are offered for use via this website atalef.ai (“ Website”). By clicking “accept” to these terms and conditions you are agreeing to enter into a contract with us on the terms and conditions set out below. The contracting entity from your side shall be the entity you provide details for during the sign-up process.
Atalef AI is the trading name of Atalef AI Ltd, a company incorporated in Israel.
Atalef AI operates as an online employee matching and skill-set matching service for potential employers. By opening an Account the Client shall be deemed to have accepted the Terms. Upon acceptance, and in consideration of the mutual benefits set out herein, it is agreed as follows.
By entering into this agreement, you are agreeing to instruct Atalef AI to provide the following services (the “ Services”) to you in relation to candidate searches for employment positions you are looking to fulfil.
Atalef AI provides a skill-based candidate matching service. On acceptance by us of your submitted Application Form for your open position (the “ Position”) we shall commence the search from our database of candidates (“ Candidates”) to identify suitable candidates for the Position.
Following a completion of our provisional search and verification we shall provide an anonymous list of candidates to you for review and consideration. Such list shall include
– basic information
– list of skills
– profile summary
and shall be ranked in accordance with our proprietary skills assessment and validation process for the Position.
You shall notify us of any Candidates you invite for interview and any Candidates who you offer a Position to.
The Company can promote the position/s of the Client via its own media channels, social media and mailing campaigns using logo, slogans and any graphic materials of the Client.
You accept and agree that we give no warranty as to the suitability of any Candidate for any vacancy and that you are responsible for ultimately determining the suitability of any Candidate and their eligibility to work in the capacity required.
We shall perform the Services with reasonable skill and care.
Nothing contained in these conditions shall limit or restrict our liability for death or personal injury caused by our negligence, nor do we limit or restrict its liability for fraudulent misrepresentation under the Misrepresentation Act 1967.
Without prejudice to the foregoing, under no circumstances shall we be liable in any manner whatsoever whether in contract or in tort or in misrepresentation (except for fraudulent misrepresentation) or otherwise for direct loss of profit or direct loss of anticipated savings or for losses special to the particular circumstances of you, indirect or consequential losses including but not limited to indirect loss of profit, indirect loss of anticipated savings, loss of use of money, loss of business, loss of opportunity, loss of goodwill, loss of reputation, loss of data, damage to property and/or wasted expenditure arising out of or in connection with the provision of Services.
You shall indemnify us against any losses, costs, claims, demands, awards and liabilities incurred directly or indirectly by us as a result of claims brought against us by any Candidate and/or as a result of the negligence of you or breach by you of any of your obligations under any agreement, including the Candidate’s employment agreement.
4. Confidentiality and Data Protection
The parties shall keep confidential and shall not disclose to any third party or otherwise use any and all confidential information concerning the business and affairs of the other (including without limitation, all information on the Candidate, detailed orally or in writing, or on the Candidate’s resume), which is disclosed to the other party as a result of this agreement, other than for the purpose of carrying out its obligations under this agreement. In particular, you agree that you will not approach a Candidate’s current employer until such time as you have received confirmation from the Candidate of their acceptance of an offer of employment with you. Notwithstanding the foregoing we shall be entitled to use your name and logo in our marketing materials and on our website as a company that has worked with us.
In this clause, the following shall have the following meaning:
5. Intellectual Property Rights
We will remain owners of all intellectual property rights contained in our Website, our services, our platform (including all copyright and other intellectual property rights in any source code, algorithms, text and image) and all information and documentation that we provide to you.
Either party may terminate this Agreement at any point.
If the performance of the agreement by us shall be delayed by any circumstances or conditions beyond our control we shall have the right (a) to suspend further performance of the agreement until such time as the cause of the delay shall no longer be present or (b) to be discharged from further performance or and liability under this agreement.
These conditions constitute the entire agreement between the parties, supersede any agreement or understanding and may not be varied except in writing between the parties.
A person who is not a party to the agreement shall have no rights pursuant to the Contracts (Rights of Third Parties) Act 1999 (the “Act”) to enforce any term of this agreement. Any right or remedy which exists or is available apart from the Act is not affected.
This agreement shall be construed in accordance with Israel Law and shall be subject to the jurisdiction of the Israel Courts.
Any termination of this agreement shall be without prejudice to any other rights or remedies a party may be entitled to under this Agreement or at law and shall not affect any accrued rights or liabilities of either party nor the coming into or continuance in force of any provision of this agreement which is expressly or by implication intended to come into or continue in force on or after such termination or expiry.
The validity, construction and performance of this Agreement shall be governed by the laws of Israel, and the parties hereby submit to the non-exclusive jurisdiction of the Israel courts.
If you do not agree to be bound by these Terms please do not access or use the Services.
1. Use of the Platform.
In addition to your use of the Platform, when applying for a job, we will offer you that your de-identified details and test results from the Platform, performed for a particular Employer, will be shared with other potential Employers that might have a vacancy position we may think that suits your skills. To the extent a potential Employer is interested to see if you fits its needs and wish to contact you for potential employment, and subject to your consent, we will share your details.
2. Services Access.
Subject to your compliance with, and acceptance of, these Terms, we grant you a non-exclusive, non-transferable, not-sublicensable, personal, revocable, limited right to use our Services for your personal use and for the purpose of applying for open positions for employment.
3. Ability to Accept Terms.
The Service is only intended for individuals who is looking for a job and are aged 18 years or older. If you are under 18 years please do not visit or use the Service. By accepting these Terms or by using the Services you confirm that you are 18 years of age or older.
4.1. Creating Account.
In order to submit your application for an employment with an Employer, which includes an assessment through our Platform, you will need to create an account containing your personal details, such as name, email, phone number etc. (“Account”).
4.2. Account obligation.
You acknowledge and agree: (i) to provide accurate and complete Account and login information about you, and use the Platform in good faith; (ii) to keep all Account login details and passwords secure at all times; (iii) to remain solely responsible and liable for the activity that occurs in connection with your Account; and (iv) to promptly notify Atalef in writing if you become aware of any unauthorized access or use of your Account or the Platform. You represent and warrant that you are accepting these Terms on your behalf and that your use of the Platform is personal and solely for your own benefit and cannot be performed on behalf of any other individual. We are entitled to suspend or terminate your Account or access to the Platform at any time.
5. Free Use/Fees.
For now, creating an Account and using the Services is free of charge but we may in the future charge a fee for certain access or usage. You will not be charged for any such access or use of the Services unless you first agree to such charges, but please be aware that any failure to pay applicable charges may result in you not having access to some or all of the Services. However, we may charge fees from our business partners or from Employers.
It is our policy to respect the legitimate rights of copyright and other intellectual property owners. If you believe that Atalef, or any user of the Services, has violated your rights, including privacy, copyright, trademark or other rights, please submit a report to the following email address firstname.lastname@example.org
8. Intellectual Property Rights.
8.1. Atalef Content.
The Services, including without limitation, the text, documents, descriptions, products, tests, questionnaires, software, graphics, photos, sounds, videos, interactive features, and services which were created and/or provided by Atalef therein (“Content”), the trademarks, name, service marks, and logos contained therein of Atalef (“Marks”) and any improvements, customizations, modifications and derivative works thereof are and will remain the property of Atalef and/or its licensors. We reserve all rights not expressly granted in and to the Services, the Content, and the Marks.
8.2. Restrictions on Use.
You must not, directly or indirectly: (i) sell, lease, sublicense or distribute any rights of use in the Services or any part thereof, for any purpose; (ii) attempt to reverse engineer, decompile, or disassemble the Services, or any part thereof; (iii) modify the Services, or grant any other third party the right to do so; (iv) use any “open source” or “copyleft software” in a manner that would require us to disclose the source code of the Platform to any third party; (v) represent that you possess any proprietary interest in the Services; (vi) take any action to contest our intellectual property rights or infringe them in any way; (vii) use the Services for establishing a service that is competitive with the Services; (ix) Use the Platform for any illegal or unauthorized purpose; or (ix) except as specifically permitted hereunder, use the name, trademarks, trade-names, and logos of Atalef.
9. Third Party Components and Content.
9.1. Third Party Components.
The Platform may use or include third party open source software, files, libraries or components that may be distributed to you and are subject to third party open source license terms, which can be provided upon request. If there is a conflict between any open source license and these Terms, then the open source license terms shall prevail but solely in connection with the related third party open source software. Atalef makes no warranty or indemnity hereunder with respect to any third party open source software.
9.2. Third-Party Content.
10. Warranty and Disclaimers.
10.1.This section applies whether or not the Services are for payment. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.
10.2.THE SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ATALEF DOES NOT WARRANT THAT THE, PLATFORM, WEBSITE, AND CONTENT: (i) WILL MEET YOUR REQUIREMENTS, (ii) WILL OPERATE ERROR-FREE, OR (iii) WILL BE ABLE TO FIND ALL SECURITY RELATED ISSUES. ATALEF EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, SATISFACTORY QUALITY TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, FITNESS FOR A PARTICULAR PURPOSE. ATALEF WILL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR FOR ISSUES RELATED TO PUBLIC NETWORKS OR YOUR HOSTING SERVICES.
10.3. ATALEF DOES NOT OFFER A WARRANTY OR MAKE ANY REPRESENTATION THAT YOU WILL FIND A JOB OR RECEIVE A JOB OFFER OR ANY OTHER JOB OPPORTUNITIES. IF YOU RECEIVE ANY JOB OR JOB OFFERS THROUGH OUR PLATFORM, WE DO NOT REPRESENT OR GUARANTEE THAT THOSE WILL SUIT YOU, AND MAKE NO REPRESENTATIONS OR COMMITMENTS REGARDING EMPLOYERS’ OFFERS OR JOB POSITIONS.
10.4. ANY RELATIONSHIP YOU WILL HAVE WITH AN EMPLOYER IS INDEPENDENT, AND ATALEF WILL NOT BE INVOLVED IN IT. IN ANY EVENT OF A DISPUTE BETWEEN YOU AND AN EMPLOYER (OR ANY OTHER USER OR PARTY), YOU FULLY RELEASE ATALEF FROM ALL CLAIMS, DEMANDS, OR DAMAGES.
11. Limitation of Liability.
To the maximum extent permitted by law, (a) we shall not be liable for any loss of money, job opportunity, goodwill, reputation, data, intangible losses, special, indirect, direct, incidental, punitive or consequential damages, that result from (i) the use of, or the inability to use, the Services; (ii) any conduct of any third party on the Services; or (iii) unauthorized access, use or alteration of your transmissions or data; even if we have been advised of the possibility of such losses or damages, and (b) in any event and without limiting the generality of this Section, you acknowledge and agree that our total and aggregate liability related to these Terms, the Services and/or your use of the Services shall not in any circumstances exceed USD 50.
12. Independent Contractors.
You and Atalef are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Atalef. You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of Atalef.
We reserve the right, at our discretion, to change these Terms at any time. Such change will be effective 10 days following posting of the revised Terms via the Website or providing a notice to you, whichever occurs first. Your continued use of the Services thereafter means that you accept those changes. We also reserve the right to discontinue or modify any aspect of the Services or terminate these Terms at any time.
Atalef may assign its rights or obligations under these Terms. You may not assign or transfer your rights and obligations under these Terms without the prior written consent of Atalef.
15. Governing Law.
These Terms and the relationship between you and Atalef shall be governed by and construed in accordance with the laws of the State of Israel, without regard to its principles of conflict of laws. You agree to submit to the personal and exclusive jurisdiction of the courts located in Tel Aviv-Jaffa.
These Terms are effective until terminated by Atalef or you. Atalef, in its sole discretion, has the right to terminate these Terms and/or your access to the Services, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms). These Terms shall constitute the entire agreement between you and Atalef concerning the Services. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. This Section 16 (General) and Sections 6 (Privacy), 8 (Intellectual Property Rights), 8.2 (Restrictions on Use), 10 (Warranty Disclaimers), 11 (Limitation of Liability), 13 (modification) and 14 (Assignment) shall survive termination of these Terms.