Terms & Policies

TERMS OF USE & POLICIES (USER)

Please read these terms of use carefully ("Terms"). These Terms govern and apply to your access and use of the communication platform offered by Whizory Ltd. (“Whizory”) and Whizory services (collectively, the “Career Services” or "Services") available via the Whizory mobile applications or internet website (as applicable, the “App”) and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Service (collectively referred to as "Content"). By accessing or using the Service, you agree to comply with and to be bound by all of the policies (including the Privacy Policy) terms and conditions described in these Terms. We urge you to carefully read the following terms and conditions, and all policies referenced below or elsewhere on the App. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED TO USE THE SERVICE. The terms “you”, “your” and “yourself” refer to the individual user of the Service.

 

For convenience, we will refer to any advice, information, entertainment and other products or services you may receive from other Members (in their role as Career Experts) or their listings on the App as the "Career Services" or “Services”.  All Members, whether they provide or receive Services from other Members, will be referred to as "Members" Members who create listings and/or provide Services will also be referred to as "Career Experts” or “Experts”. The "App" means the app on which the Service is made available owned, controlled, managed, maintained and/or hosted by Whizory.

These Terms, the Privacy Policy and the Policies (as described below) limit Whizory's liability and obligations to you and allow Whizory to change, suspend or terminate your access to and use of the App and Services at any time in Whizory's sole discretion.

"The Policies" means; the following policies and along with these Terms and Privacy provide additional terms and conditions: Refund Policy, Payment Policy, Feedback Policy, Career Rules Policy and Photo Policy. To the extent that there are any conflicts between the terms or conditions in such Policies and these Terms, the terms and conditions of these Terms shall govern.

1. Eligibility to use the App and Career Services is limited.

The App and Career Services are available only to persons who are at least eighteen (18) years old and are otherwise capable of forming legally binding contracts under applicable law. Without limiting the foregoing, the App and Career Services are not available to temporarily or indefinitely suspended Members.

2. You consult with Career Experts at your own risk.

(a) Whizory does not evaluate, provide, produce or control the Career Services or information or exchanges between Members, in any manner. All Career Experts are responsible for the accuracy of the information contained within their listings. All content within the listings is written by the individual Experts themselves, not by Whizory.

 

Although Career Expert listings may contain verified credentials, the verification services are provided by third parties. Whizory does not itself provide any advice, information or entertainment services or other products or services, nor verify, guarantee or make any representations regarding the credentials, identity or qualifications of any Expert. Further, Whizory does not make editorial or managerial decisions concerning content. Nor will Whizory be held responsible for any Expert's failure to comply with laws or regulations concerning the content of listings. Instead, Whizory acts as a technology service that allows Members to share advice, information and other products or services among themselves. Whizory does not control, nor is it responsible for, the truth, accuracy, completeness, safety, timeliness, quality, appropriateness, legality or applicability of anything said or written by Members, including without limitation any information contained in Career Expert listings or made available through this App. The App is not intended for use as a payment service to exchange goods. Whizory is not responsible for the use or exchange of any information between Members. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the App and Services, in evaluating the qualifications of, and statements made by Members in listings or through the Member feedback system, and in disclosing personal information to other Members. Such information includes but is not limited to last name; telephone numbers; email address; Facebook account or other social media info advertising of any kind; chain or spam messages; etc. Whizory will not tolerate disclosure of personal information in any part of the App. A Member or a Career Expert who discloses personal information will be terminated and banned from using the app.

Whizory prohibits disclosure of personal contact information to other Members, including Career Experts. If you do, you do so at your own risk. Placement of a Member in a particular category does not mean that they are qualified in any such area or category. Whizory assumes no responsibility for monitoring any Member feedback or otherwise policing its Members in any way. If you ever believe that a Member has violated the law or is defrauding, threatening or endangering anyone, Whizory urges you to immediately contact the police directly for help. In addition, Whizory prohibits Members from using the App or Services to solicit other Members to meet with them in person. If you do meet with other Members, you do so at your own risk.

(b) Members, who initiate, receive and/or discontinue use of the Services do so entirely at their own risk, and Whizory bears no responsibility in this regard. In accordance with its Privacy Policy, Whizory reserves the right to monitor text communication and to contact Members in order to evaluate compliance with the rules and policies set forth in this agreement and to take other action as set forth in the Privacy Policy. Therefore, we urge you to review and understand the Privacy Policy. As part of this agreement you are agreeing to the terms and conditions set forth in the Privacy Policy and are obliged to abide by its terms.

(c) If you have a dispute with another Member, or suffer any harm arising out of or connected with any Services, you hereby waive all claims against and release Whizory from any and all liability for claims, demands, damages (actual and consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any Services or with regard to such disputes.

(d) The Career Expert undertakes that he has the necessary professional training and professional insurance in order to provide the services as specified in these Terms, for the avoidance of any doubt Whizory shall have no liability for such undertakes provided by the Expert.

3. Whizory may modify this Agreement, or suspend or terminate your use of the App, at any time without notice to you.

(a) Whizory reserves the right in its sole discretion and without notice to modify or discontinue the App and/or modify these Terms and conditions and incorporated rules and policies, and you agree to be bound by any such modifications. Any modifications will be effective immediately.

(b) Without limiting other remedies, Whizory may at any time suspend or terminate your membership and refuse to provide access to the App without reason or notice to you. In addition, Whizory may notify your bank and/or authorities or take any actions it deems appropriate without notice to you, (i) if Whizory suspects that you have failed to comply with any provision of this agreement or any policies or rules established by Whizory; (ii) if Whizory is unable to verify or authenticate any billing or payment information you provide to Whizory; or (iii) if Whizory suspects that your actions may be illegal or cause liability, harm or disruption for you, other Members, Whizory or the App. You have the right to cancel your membership in Whizory by emailing to customerservice@Whizor.com. Any suspension, termination or cancellation will not affect your obligation to pay any amounts due to Whizory.

4. Whizory's limited role.

Whizory engages as a marketplace platform and acts only as an interface to facilitate communications initiated between Members. The Career Expert sare not an employee, agent or contractor of Whizory. Whizory accepts no responsibility for reporting to law enforcement agencies any threats made by Members to harm themselves or third parties or take any illegal action. Any such responsibility lies with the Career Expert alone.

5. You are solely responsible for the use of your Member account and agree to the following fee and payment terms:

(a) You agree not to allow non-Members to use your Member account. You agree to maintain the confidentiality of your Member account information and to supervise all activities that occur under your Member name, Member account, including, but not limited to, any and all usage of the App by other persons under your Member name and account. You agree that you will not permit, enable, introduce or facilitate (i) non-Members to have access to or use of the App or Services in any manner without first becoming Members and (ii) simultaneous use of Services by others with you.

(b) You are solely responsible for all use made of the App and Services under your Member account and agree to pay for all Services purchased using your Member account information. You agree that Whizory is not responsible for any loss that you may incur as a result of any unauthorized person using your Member account. You agree that Whizory may use information provided by you as described in the Privacy Policy.

6. In using or accessing the App or Services, you agree to comply with the following:

(a) You will not "frame" "mirror" or otherwise copy any portion of the App without Whizory's express written authorization.

(b) You will not use the App for any purpose that is, or depict any content that is, unlawful, fraudulent or contrary to this agreement and the policies of Whizory, and you will cooperate fully with Whizory to investigate any suspected unlawful, fraudulent or improper activity, including but not limited to granting authorized Whizory representatives access to any password-protected portions of your Member account.

(c) You will not solicit or provide advice, directly or through writings, as to the value of securities or as to the advisability of investing in, purchasing or selling securities or any report or analysis concerning securities.

(d) You will conduct all for-fee communications that you have with other Members only through the App, and you will not circumvent or attempt to circumvent the App using third-party payment or other services.

(e) You will not use the App to conduct or transmit any unlawful, harassing, libelous, privacy invading, abusive, threatening, defamatory, vulgar, obscene, racist, harmful, or otherwise objectionable communications or material of any kind. You will respect the privacy of others and will not (i) attempt to obtain the personal contact information (including usernames and IDs on other communication platforms) of another Member or (ii) divulge your personal contact information (including usernames and IDs on other communication platforms) to another Member.

(f) You will not attempt to harm, disrupt or gain unauthorized access to the computer systems or networks associated with the App or another Member's device.

(g) You will not attempt to obtain any information or materials relating to the App through any means not intentionally made available through the App.

(h) You will only use payment methods for which you are the authorized user. You will continue to provide true, accurate and complete payment registration information and will maintain as current and promptly update your personal contact information that you provide to Whizory. You will not use false identities or impersonate any other person or use a name that you are not authorized to use.

(i) You will not use the App to promote bonus items, giveaways, random drawings, prizes, contests or games of chance.

(j) You will not take any actions which may undermine the Member referral system, or the Member feedback system used to solicit feedback from Members, including without limitation leaving positive feedback for yourself or other Members, using secondary Member names or third parties or leaving negative feedback if a Member fails to perform some action that is outside the scope of the services described in his or her Member listing.

(k) You will not create obscene, offensive, tasteless, defamatory or hateful Member names or content for listings.

(l) You will adhere to all applicable laws and regulations governing your actions in connection with the App.

(m) You will not encourage or instruct any other individual to do any of the foregoing or to violate any term of the agreement and policies.

7. As between the parties, Whizory shall retain all ownership in the App including all URLs and any content created for or derived from the App.

(a) Whizory shall own all right, title and interest in Services and the App, its entire contents and functionality, including but not limited to, all methods, processes, content, formats, designs, URLs, buttons, information, software, text, displays, images, and the design, selection and arrangement thereof, patents, copyrights, trademarks and other intellectual property rights and derivative works and improvements pertaining thereto. Except as noted below, you are not granted any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Whizory or any third party.

(b) As a Member, you are granted a nonexclusive, nontransferable, revocable and limited license to access and use the App and Services in accordance with this agreement. Whizory may terminate this license at any time for any reason whatsoever. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the App or any portion thereof.

8. Whizory disclaims any warranties or representations regarding the App and Services.

THE APP AND ANY SERVICES OR GOODS OBTAINED THROUGH THE APP ARE PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND. WHIZORY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE APP, SERVICES AND ALL COMMUNICATIONS BETWEEN MEMBERS MADE THROUGH THE APP.

10. Whizory's liability for your access to and use of the App and Services is limited and you are responsible for your use of the App.

UNDER NO CIRCUMSTANCES WILL WHIZORY BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE APP OR SERVICES, WHETHER OR NOT WHIZORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WHIZORY'S AGGREGATE LIABILITY TO YOU ARISING WITH RESPECT TO THIS AGREEMENT WILL NOT EXCEED THE TOTAL FEES ACTUALLY EARNED BY WHIZORY FROM THE CAREER EXPERT(NET FEES AS DEFINED IN PAYMENT POLICY) IN THE PREVIOUS TWELVE (12) MONTHS.

YOU FURTHER AGREE TO HOLD HARMLESS, DEFEND AND INDEMNIFY WHIZORY FROM AND AGAINST ANY LIABILITY ARISING FROM OR IN ANY WAY RELATED TO YOUR USE OF THE APP OR PROVISION OF SERVICES, INCLUDING ANY LIABILITY OR EXPENSE ARISING FROM ALL CLAIMS, LOSSES, DAMAGES (ACTUAL AND CONSEQUENTIAL), SUITS, JUDGMENTS, LITIGATION COSTS AND ATTORNEYS' FEES, OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, FORESEEABLE AND UNFORSEEABLE, DISCLOSED AND UNDISCLOSED RELATED (I) YOUR USE OF THE APP; (II) YOUR VIOLATION OF THESE TERMS; (III) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, PUBLICITY OR PRIVACY RIGHT; OR (IV) ANY CLAIM THAT YOUR USER’S CONTENT CAUSED DAMAGE TO A THIRD PARTY.

 

IN EACH CASE, WHIZORY WILL PROVIDE YOU WITH WRITTEN NOTICE OF SUCH CLAIM, SUIT OR ACTION. WHIZORY SHALL HAVE THE RIGHT TO WITHHOLD PAYMENTS TO YOU TO OFFSET LIABILITIES AND EXPENSES COVERED HEREUNDER.

11. Whizory prohibits the unauthorized use of copyrighted materials and trademarks.

You shall not use the App or Career Services to transmit, route, provide connections to or store any material that infringes copyrighted works, trademarks, or otherwise violates or promotes the violation of the intellectual property rights of any third party.

"Whizory" and all related names, logos, product and service names, designs and slogans are trademarks of Whizory. You must not use such marks without the prior written permission of Whizory. All other names, logos, product and service names, designs and slogans on the App are the trademarks of their respective owners.

 

12. Intellectual Property.

All of the content available on or through the Service is the property of Whizory is protected by copyright, trademark, patent, trade secret and other intellectual property law. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the content received through the Service to any third party. All software and accompanying documentation made available for download from the Service is the copyrighted work of Whizory. Any copy made of information obtained through the Service must include all applicable copyright notices.

13. Severability.

In the event that any provision of these Terms is held to be invalid or unenforceable by a competent court, the remaining provisions of these Terms will remain in full force and effect.

14. Waiver.

The failure of Whizory to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

15. Arbitration and Controlling Law and Jurisdiction.

These Terms will be governed by the laws of the State of Israel, excluding its conflict of law principles. The courts located in Tel Aviv-Jaffa will have exclusive jurisdiction over any dispute arising out of or in relation to these Terms.

Entire Agreement.

These Terms, the Privacy Policy and the Policies are the entire and exclusive agreement, and replace any prior agreements, between Whizory and you regarding the subject matter hereof.




























 

PHOTO POLICY

This Photo Policy forms part of the Terms and is incorporated by reference therein.

Following are some restrictions on the content of the photos:

  • Members may not post any photos containing nudity or pornographic material in the App.

  • Members may not upload, post or otherwise transmit any photo which is unlawful, harmful, threatening, harassing, tortuous, defamatory, infringing, vulgar, obscene, hateful, racially or ethnically objectionable or invasive of another's privacy.

  • Members may not upload or post unauthorized advertising or promotional materials, or any other photo which they do not have the right to transmit under any law or contractual or fiduciary relationship. This includes any content that infringes any patent, trademark, trade secret, copyright or any other proprietary rights of any party, or material protected by intellectual property laws, right of privacy or publicity or any other applicable law, unless having all necessary contracts or consents.

 

All photos, whether posted publicly or privately transmitted, are the sole responsibility of the person from which the photo originated. Whizory does not control photos posted by Career Experts or Members and, as such, does not guarantee the accuracy, integrity or quality of such.

Although Whizory does not accept responsibility for these photos, Whizory does reserve the right to remove at any time, without notice, a photo or image that violates our Photo Policy.

 

Protection of photos (which is referred to as personal information):

Whizory takes appropriate administrative and technical measures to safeguard the photos uploaded to or posted on the Services against loss, theft, and misuse, as well as unauthorized access, alteration, disclosure or destruction.

 

FEEDBACK POLICY

This Feedback Policy forms part of the Terms and is incorporated by reference therein.

We urge all Members to please use caution and good judgment when leaving feedback for your Career Experts. What you write can be read by other Members, and in most cases, you cannot go back and edit your remarks - they become a permanent part of that Career Experts' record.

Please also bear in mind that you can be held legally responsible for damages to someone's reputation if a court finds that your remarks are defamatory. Under applicable laws, including the Communications Decency Act, Whizory is not legally responsible for the feedback that Members post on App, even if that feedback is defamatory. Whizory provides a rating system as a place for our Members to express their opinions, and we will neither censor these opinions nor investigate them for accuracy.

To ensure that the feedback system is not abused, Whizory may remove feedback in the limited situations described below. If you believe that another Member has left feedback for you that meets one or more of the following criteria, you should contact us by sending us email to customerservice@whizor.com.

Circumstances In Which Whizory Will Consider Removing Feedback:

• The feedback was written with the sole intention of describing or commenting on Whizory itself and not the Career Experts or the Career Experts' Services.

• The feedback contains profane or vulgar language, Adult Content or adult material. Whizory will not remove feedback containing inflammatory words such as "fake," "sucks" or "boring". It is discouraged but will not be removed.

• The feedback contains personal identifying information about a Member, including real name, address, phone number or email address.

• The feedback contains negative comments regarding a Career Expert failure to perform actions or services which are outside the scope of the Career Expert's Services described in his or her listing.

• The feedback is made by a Career Expertfor herself or himself (whether directly or indirectly, using secondary Member names or third parties to leave such feedback).

• The feedback is made by a Member who provided Whizory with false contact information during the registration process, and cannot be contacted.

• Multiple ratings or feedback for the same Career Expert are left by one Member, in which case, Whizory may remove any or all of the feedback left by that Member.

• Feedback determined to be of a harassing nature by Whizory in its sole and absolute discretion, in which case, Whizory may remove any or all feedback made by that Member.

• The feedback refers to another Member's feedback, mentions other Career Experts or includes links to other Websites.

• Feedback mistakenly left or intended for another Career Expert will be considered for removal only when the Member responsible informs Whizory of the error.

• Feedback will be considered for revision when Members mutually agree that the rating is no longer an accurate reflection of a transaction. In this circumstance, both parties must write to Whizory with their request.

 

PAYMENT POLICY

This Payment Policy forms part of the Terms and is incorporated by reference therein.

 

Whizory's payment responsibilities for Services provided by Career Experts are subject to restrictions and limitations:

Whizory works with PayPal to make sure the payment is secured for parties.

The Member is required to register with PayPal, agree to terms of services of PayPal and go through a vetting process at the request of PayPal to set up their PayPal account. Please note that Whizory is not party to the agreement with PayPal and that Whizory has no obligations or liability to any Member under the agreement with PayPal. PayPal Amy enforce their own dispute resolution for payment issues conducted through PayPal.

 

The Member who initiates a session (“Transaction”) with a Career Expert through the App is solely responsible for payment of any and all fees for the Transaction. Whizory shall not be obligated to pay any Career Expert fees for which Whizory has not been fully paid by the Member. Whizory is not deemed as the provider of any Services. The App acts as a payments processor on behalf of the Career Expertand does not act as the agent with respect to any payments for Services rendered via the App.

You agree to maintain valid PayPal Account. By providing Whizory with your PayPal information, you hereby authorize Whizory to collect payments for Career Experts for any and all Transactions that you had through the App.

You agree that all current and future interactions (whether online or offline) between you and the Career Expert will be made, managed and billed through the App.

You agree and commit to immediately notify us, including all the relevant details, in any case that you receive a service from the Career Expert not through the App or in any case that you are billed by Career Expert not through the App.






 

 

REFUND POLICY

Whizory has adopted a policy of honoring refund requests up to the total available balance within a Member account.

To begin this process, please contact our Customer Support with your request.

Whizory will also process requests for refunds received to our email at customerservice@whizor.com

 

Generally refunds for unused time are not granted because the Career Experts charge for time that is scheduled to be used, much like other services. However, Customer Support reviews refunds on a case-by-case basis in conjunction with the Career Experts. We make accommodations if unique or legal circumstances (medical, death, disability, court orders, etc.) dictate the reason for the refund request.

Additional reasons for a refund:

Please note that refunds are automatically issued upon (i) you requesting that your account be closed, or (ii) if Whizory makes a determination to close your account.

Whizory reserves the right in its sole discretion to terminate a transaction in order to fulfill credit card industry regulations, payment processor and banking procedures, or in an effort to accommodate legal requests.

If a breach of our agreement, customer error, technical issue or potential fraudulent transaction has been brought to our attention, Whizory may also choose to issue a refund.

 





























 

TERMS OF USE & POLICIES (CAREER EXPERT)

Please read these terms of use carefully ("Terms"). These Terms govern and apply to your access and use of the communication platform offered by Whizory Ltd. (“Whizory”) and Whizory services (collectively, the “Career Services” or "Service") available via the Whizory mobile applications or internet website (as applicable, the “App”) and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Service (collectively referred to as "Content"). By accessing or using the Service, you agree to comply with and to be bound by all of the policies (including the Privacy Policy), terms and conditions described in these Terms. We urge you to carefully read the following terms and conditions, and all policies referenced below or elsewhere on the App. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED TO USE THE SERVICE. The terms “you”, “your” and “yourself” refer to the individual user of the Service.

For convenience, we will refer to any advice, information, entertainment and other products or services you may receive from other Members (in their role as Career Experts) or their listings on the App as the "Career Services" or “Services”.  All Members, whether they provide or receive Services from other Members, will be referred to as "Members" Members who create listings and/or provide Services will also be referred to as "Career Experts". The "App" means the app on which the Career Services are made available owned, controlled, managed, maintained and/or hosted by Whizory.

These Terms, the Privacy Policy and the Policies (as described below) limit Whizory's liability and obligations to you and allow Whizory to change, suspend or terminate your access to and use of the App and Career Services at any time in Whizory's sole discretion.

"The Policies" means; the following policies and along with these Terms and Privacy Policy provide additional terms and conditions: Refund Policy, Payment Policy, Feedback Policy, Career Expert Rules Policy and Photo Policy. To the extent that there are any conflicts between the terms or conditions in such Policies and these Terms, the terms and conditions of these Terms shall govern.

1. Eligibility to use the App and Career Services is limited.

The App and Career Services are available only to persons who are at least eighteen (18) years old and are otherwise capable of forming legally binding contracts under applicable law. Without limiting the foregoing, the App and Career Services are not available to temporarily or indefinitely suspended Members.

2. You provide Career Services at your own risk.

(a) Whizory does not evaluate, provide, produce or control the Career Services, or information or exchanges between Members, in any manner. All Career Experts are responsible for the accuracy of the information contained within their listings. All content within the listings is written by the individual Experts themselves, not by Whizory.

 

Although Career Expert listings may contain verified credentials, the verification services are provided by third parties. Whizory does not itself provide any advice, information or entertainment services or other products or services, nor verify, guarantee or make any representations regarding the credentials, identity or qualifications of any Expert. Further, Whizory does not make editorial or managerial decisions concerning content. Nor will Whizory be held responsible for any Expert's failure to comply with laws or regulations concerning the content of listings. Instead, Whizory acts as a technology service that allows Members to share advice, information and other products or services among themselves. Whizory does not control, nor is it responsible for, the truth, accuracy, completeness, safety, timeliness, quality, appropriateness, legality or applicability of anything said or written by Members, including without limitation any information contained in Career Expert listings or made available through this App. The App is not intended for use as a payment service to exchange goods. Whizory is not responsible for the use or exchange of any information between Members. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the App and Career Services, in evaluating the qualifications of, and statements made by Members in listings or through the Member feedback system, and in disclosing personal information to other Members. Whizory prohibits disclosure of personal contact information to other Members, including Career Experts. Such information includes but is not limited to last name; telephone numbers; email address; Facebook account or other social media info advertising of any kind; chain or spam messages; etc. Whizory will not tolerate disclosure of personal information in any part of the App. A Member or a Career Expert who discloses personal information will be terminated and banned from using the app.  If you do, you do so at your own risk. Placement of a Member in a particular category does not mean that they are qualified in any such area or category. Whizory assumes no responsibility for monitoring any Member feedback or otherwise policing its Members in any way. If you ever believe that a Member has violated the law or is defrauding, threatening or endangering anyone, Whizory urges you to immediately contact the police directly for help. In addition, Whizory prohibits Members from using the App or Career Services to solicit other Members to meet with them in person. If you do meet with other Members, you do so at your own risk.

(b) Members, who initiate, receive and/or discontinue use of the Career Services do so entirely at their own risk, and Whizory bears no responsibility in this regard. In accordance with its Privacy Policy, Whizory reserves the right to monitor text communication and to contact Members in order to evaluate compliance with the rules and policies set forth in this agreement and to take other action as set forth in the Privacy Policy. Therefore, we urge you to review and understand the Privacy Policy. As part of this agreement you are agreeing to the terms and conditions set forth in the Privacy Policy and are obliged to abide by its terms.

(c) If you have a dispute with another Member, or suffer any harm arising out of or connected with any Career Services, you hereby waive all claims against and release Whizory from any and all liability for claims, demands, damages (actual and consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any Services or with regard to such disputes.

(d) The Career Expert undertakes that he has the necessary professional training and professional insurance in order to provide the services as specified in these Terms, for the avoidance of any doubt Whizory shall have no liability for such undertakes provided by the Career Expert.

3. Whizory may modify this Agreement, or suspend or terminate your use of the App, at any time without notice to you.

(a) Whizory reserves the right in its sole discretion and without notice to modify or discontinue the App and/or modify these Terms and conditions and incorporated rules and policies, and you agree to be bound by any such modifications. Any modifications will be effective immediately.

(b) Without limiting other remedies, Whizory may at any time suspend or terminate your membership and refuse to provide access to the App without reason or notice to you. In addition, Whizory may notify your bank and/or authorities or take any actions it deems appropriate without notice to you, (i) if Whizory suspects that you have failed to comply with any provision of this agreement or any policies or rules established by Whizory; (ii) if Whizory is unable to verify or authenticate any billing or payment information you provide to Whizory; or (iii) if Whizory suspects that your actions may be illegal or cause liability, harm or disruption for you, other Members, Whizory or the App. You have the right to cancel your membership in Whizory by emailing to customerservice@Whizor.com. Any suspension, termination or cancellation will not affect your obligation to pay any amounts due to Whizory.

4. Whizory's limited role.

Whizory engages as a marketplace platform and acts only as an interface to facilitate communications initiated between Members. As a Career Expert, you are not an employee, agent or contractor of Whizory, and you shall not represent that you are any of the foregoing. You are solely responsible for all equipment necessary to access and use the App and Career Services, and for reporting and payment of all taxes associated with fees transferred to you by Whizory. Whizory accepts no responsibility for reporting to law enforcement agencies any threats made by Members to harm themselves or third parties or take any illegal action. Any such responsibility lies with the Career Expert alone.

5. You are solely responsible for the use of your Member account and agree to the following fee and payment terms:

(a) You agree not to allow non-Members to use your Member account. You agree to maintain the confidentiality of your Member account information and to supervise all activities that occur under your Member name, Member account, including, but not limited to, any and all usage of the App by other persons under your Member name and account. You agree that you will not permit, enable, introduce or facilitate (i) non-Members to have access to or use of the App or Career Services in any manner without first becoming Members and (ii) simultaneous use of Career Services by others with you.

(b) You are solely responsible for all use made of the App and Services under your Member account and agree to provide all Career Services as submitted to the Member. You agree that Whizory is not responsible for any loss that you may incur as a result of any unauthorized person using your Member account. You agree that Whizory may use information provided by you as described in the Privacy Policy.

 

6. In using or accessing the App or Career Services, you agree to comply with the following:

(a) You (as a Career Expert providing Services) are solely responsible for the content provided and the content on listings created under your Member account.

(b) You will not "frame" "mirror" or otherwise copy any portion of the App without Whizory's express written authorization.

(c) You will not use the App for any purpose that is, or depict any content that is, unlawful, fraudulent or contrary to this agreement and the policies of Whizory, and you will cooperate fully with Whizory to investigate any suspected unlawful, fraudulent or improper activity, including but not limited to granting authorized Whizory representatives access to any password-protected portions of your Member account.

(d) You will not solicit or provide advice, directly or through writings, as to the value of securities or as to the advisability of investing in, purchasing or selling securities or any report or analysis concerning securities.

(e) You will conduct all for-fee communications that you have with other Members only through the App, and you will not circumvent or attempt to circumvent the App using third-party payment or other services.

(f) You will not use the App to conduct or transmit any unlawful, harassing, libelous, privacy invading, abusive, threatening, defamatory, vulgar, obscene, racist, harmful, or otherwise objectionable communications or material of any kind. You will respect the privacy of others and will not (i) attempt to obtain the personal contact information (including usernames and IDs on other communication platforms) of another Member or (ii) divulge your personal contact information (including usernames and IDs on other communication platforms) to another Member.

(g) You will not attempt to harm, disrupt or gain unauthorized access to the computer systems or networks associated with the App or another Member's device.

(h) You will not attempt to obtain any information or materials relating to the App through any means not intentionally made available through the App.

(i) You will only use payment methods for which you are the authorized user. You will continue to provide true, accurate and complete payment registration information and will maintain as current and promptly update your personal contact information that you provide to Whizory. You will not use false identities or impersonate any other person or use a name that you are not authorized to use.

(j) You will not use the App to promote any product or services other than the services described in your Career Expert listing on the App.

(k) You will not use the App to promote bonus items, giveaways, random drawings, prizes, contests or games of chance.

(l) You will not take any actions which may undermine the Member referral system, or the Member feedback system used to solicit feedback from Members, including without limitation leaving positive feedback for yourself or other Members, using secondary Member names or third parties or leaving negative feedback if a Member fails to perform some action that is outside the scope of the services described in his or her Member listing.

(m) You will not create obscene, offensive, tasteless, defamatory or hateful Member names or content for listings.

(n) You will adhere to all applicable laws and regulations governing your actions in connection with the App and you (as a Career Expert providing Services) are responsible for meeting the requirements of applicable professional licenses and applicable advertising laws, regulations and guidelines.

(o) You will not encourage or instruct any other individual to do any of the foregoing or to violate any term of the agreement and policies.

7. As between the parties, Whizory shall retain all ownership in the App including all URLs and any content created for or derived from the App.

(a) Whizory shall own all right, title and interest in Career Services and the App, its entire contents and functionality, including but not limited to, all methods, processes, content, formats, designs, URLs, buttons, information, software, text, displays, images, and the design, selection and arrangement thereof, patents, copyrights, trademarks and other intellectual property rights and derivative works and improvements pertaining thereto. Except as noted below, you are not granted any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Whizory or any third party.

(b) As a Member, you are granted a nonexclusive, nontransferable, revocable and limited license to access and use the App and Career Services in accordance with this agreement. Whizory may terminate this license at any time for any reason whatsoever. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the App or any portion thereof.

8. If you act as a Career Expert, you will comply with and be subject to Whizory's Career Expert Rules Policy and Payment Policy.

Whizory's Career Expert Rules Policy and Payment Policy are available on the Career Expert Rules Policy and Payment Policy sections, and are incorporated into this agreement by reference.

9. Whizory disclaims any warranties or representations regarding the App and Career Services.

THE APP AND ANY CAREER SERVICES OR GOODS OBTAINED THROUGH THE APP ARE PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND. WHIZORY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE APP, CAREER SERVICES AND ALL COMMUNICATIONS BETWEEN MEMBERS MADE THROUGH THE APP.

10. Whizory's liability for your access to and use of the App and Career Services is limited and you are responsible for your use of the App.

UNDER NO CIRCUMSTANCES WILL WHIZORY BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE APP OR CAREER SERVICES, WHETHER OR NOT WHIZORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WHIZORY'S AGGREGATE LIABILITY TO YOU ARISING WITH RESPECT TO THIS AGREEMENT WILL NOT EXCEED THE TOTAL FEES ACTUALLY EARNED BY WHIZORY FROM YOU (NET FEES AS DEFINED IN PAYMENT POLICY) IN THE PREVIOUS TWELVE (12) MONTHS.

YOU FURTHER AGREE TO HOLD HARMLESS, DEFEND AND INDEMNIFY WHIZORY FROM AND AGAINST ANY LIABILITY ARISING FROM OR IN ANY WAY RELATED TO YOUR USE OF THE APP OR PROVISION OF CAREER SERVICES, INCLUDING ANY LIABILITY OR EXPENSE ARISING FROM ALL CLAIMS, LOSSES, DAMAGES (ACTUAL AND CONSEQUENTIAL), SUITS, JUDGMENTS, LITIGATION COSTS AND ATTORNEYS' FEES, OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, FORESEEABLE AND UNFORSEEABLE, DISCLOSED AND UNDISCLOSED RELATED (I) YOUR USE OF THE APP; (II) YOUR VIOLATION OF THESE TERMS; (III) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, PUBLICITY OR PRIVACY RIGHT; OR (IV) ANY CLAIM THAT YOUR USER’S CONTENT CAUSED DAMAGE TO A THIRD PARTY.

IN EACH CASE, WHIZORY WILL PROVIDE YOU WITH WRITTEN NOTICE OF SUCH CLAIM, SUIT OR ACTION. WHIZORY SHALL HAVE THE RIGHT TO WITHHOLD PAYMENTS TO YOU TO OFFSET LIABILITIES AND EXPENSES COVERED HEREUNDER.

11. Whizory prohibits the unauthorized use of copyrighted materials and trademarks.

You shall not use the App or Career Services to transmit, route, provide connections to or store any material that infringes copyrighted works, trademarks, or otherwise violates or promotes the violation of the intellectual property rights of any third party.

"Whizory" and all related names, logos, product and service names, designs and slogans are trademarks of Whizory. You must not use such marks without the prior written permission of Whizory. All other names, logos, product and service names, designs and slogans on the App are the trademarks of their respective owners.

12. Intellectual Property.

All of the content available on or through the Services is the property of Whizory is protected by copyright, trademark, patent, trade secret and other intellectual property law. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the content received through the Services to any third party. All software and accompanying documentation made available for download from the Services are the copyrighted work of Whizory. Any copy made of information obtained through the Services must include all applicable copyright notices.

13. Content

All content posted by you ("User's Content") on the Application is the sole responsibility of the person or entity who originated, created and posted such User's Content. Whizory does not monitor or control the User's Content posted on the Application and we cannot and do not take responsibility for such User’s Content.

 

By using the Application, you acknowledge and agree that we are not responsible for examining or evaluating the User's Content, accuracy, completeness, timeliness, validity, copyright compliance, legality, appropriateness, decency, truthfulness, integrity, quality or reliability, or any other aspect of the User's Content.

 

14. Copyright and Content Policy

It is our policy to respect the legitimate rights of copyright and other intellectual property owners. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (the "DMCA"), we have designated an agent (specified below) to receive notifications of claimed copyright infringement on our Services. Please be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers. The DMCA addresses the rights and obligations of owners of copyrighted material who believe that their rights under U.S. copyright law have been infringed on the Internet, as well as the rights and obligations of Internet Service Providers (as defined in the DMCA) on whose servers infringing material may reside. However, Whizory will also process claims of copyright infringement substantially in accordance with the DMCA procedures for owners of copyrighted materials who believe their rights have been infringed in their jurisdiction or in the jurisdiction of the infringing website owner, even if US Copyright Law are not applicable (but the process of conducting a takedown request will be similar).

If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, please provide our Copyright Agent with the following information in accordance with the DMCA:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

  1. a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the material that you claim is infringing is located on the our Services, with enough detail that we may find it on our Services; providing URLs in the body of an email is the best way to help us locate content quickly;

  2. your address, telephone number, and email address;

  3. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and

  4. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Our designated agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

Copyright Agent

Whizory Ltd

Address: Assuta 34 Street, Even Yehuda, Israel

Email: customerservice@Whizor.com

Phone: +972-548040210

Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Counter-Notification

If you believe that the material you posted was removed by mistake, and that you have the right to post the material, you may elect to send us a counter notice. To be effective the counter-notification must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):

  1. A physical or electronic signature of the subscriber.

  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled. Providing URLs in the body of an email is the best way to help us locate content quickly.

  3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

  4. The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification of infringement or an agent of such person.

 

Such written notice should be sent to our designated agent as follows:

Copyright Agent

Whizory Ltd

Address: 34 Assuta Street, Even Yehuda, Israel

Email: customerservice@whizor.com

Phone: +972-548040210

 

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

 

15. Privacy

Personal data or personally identifying information submitted to Whizory through the App, or other information collected by Whizory with regard to the use of the application, is governed by Whizory’s Privacy Policy.

16. Severability.

In the event that any provision of these Terms is held to be invalid or unenforceable by a competent court, the remaining provisions of these Terms will remain in full force and effect.

17. Waiver.

The failure of Whizory to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

18. Arbitration and Controlling Law and Jurisdiction.

These Terms will be governed by the laws of the State of Israel, excluding its conflict of law principles. The courts located in Tel Aviv-Jaffa will have exclusive jurisdiction over any dispute arising out of or in relation to these Terms.

Entire Agreement.

These Terms are the entire and exclusive agreement, and replace any prior agreements, between Whizory and you regarding the subject matter hereof.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CAREER EXPERT RULES POLICY

This Career Expert Rules Policy forms part of the Terms and is incorporated by reference therein. Capitalized terms not defined herein will have the meanings set forth in the agreement and related policies.

1. In addition to all other Terms, you agree to comply with the following requirements in creating listings, providing Career Services and otherwise acting as a Career Expert.

  1. Without limiting any other remedies Whizory may have, Whizory may immediately terminate your membership and use of the App without notice if Whizory suspects that you have violated any of the following requirements.

  2. You will conduct all for-fee communications that you have with other Members only through the App.

  3. Entry to the App requires you to be at least 18 years of age or older.

  4. Whizory owns and retains all rights in or to certain trademarks, trade names, service marks, logos and/or slogans, whether now existing or hereafter created, including but not limited to Whizory (collectively, "Trademarks"). Career Experts may not use, reproduce or copy for commercial purposes any Trademarks in or for, without limitation, advertising, press releases or other marketing materials, without the express written permission of Whizory. Career Experts may request permission to use Trademarks by emailing customerservice@whizor.com.

  5. Whizory does not refer, endorse, recommend, verify, evaluate or guarantee any advice, information and other products or services provided by Career Experts or Members, or any specific Member. You will not offer listings, create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which offer such information, containing or suggesting an endorsement by Whizory of you, your listings or your Career Services. Whizory reserves the right to warn, suspend or terminate at any time and without notice a Member account which it determines, in its sole discretion, is transmitting or is otherwise connected with such prohibited endorsement.

 

2. You agree to hold Whizory harmless regarding your use of the App.

YOU AGREE TO HOLD HARMLESS, DEFEND AND INDEMNIFY WHIZORY FROM AND AGAINST ANY LIABILITY ARISING FROM OR IN ANY WAY RELATED TO YOUR USE OF THE APP OR PROVISION OF CAREER SERVICES, INCLUDING ANY LIABILITY OR EXPENSE ARISING FROM ALL CLAIMS, LOSSES, DAMAGES (ACTUAL AND CONSEQUENTIAL), SUITS, JUDGMENTS, LITIGATION COSTS AND ATTORNEYS' FEES, OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, FORESEEABLE AND UNFORSEEABLE, DISCLOSED AND UNDISCLOSED. IN EACH CASE, WHIZORY WILL PROVIDE YOU WITH WRITTEN OF SUCH CLAIM, SUIT OR ACTION. WHIZORY SHALL HAVE THE RIGHT TO WITHOHOLD PAYMENTS TO YOU TO OFFSET LIABILITIES AND EXPENSES COVERED HEREUNDER.

 

PHOTO POLICY

This Photo Policy forms part of the Terms and is incorporated by reference therein.

Following are some restrictions on the content of the photos:

  • Career Experts may not post any photos containing nudity or pornographic material in the App.

  • Career Experts may not upload, post or otherwise transmit any photo which is unlawful, harmful, threatening, harassing, tortuous, defamatory, infringing, vulgar, obscene, hateful, racially or ethnically objectionable or invasive of another's privacy.

  • Career Experts may not upload or post unauthorized advertising or promotional materials, or any other photo which they do not have the right to transmit under any law or contractual or fiduciary relationship. This includes any content that infringes any patent, trademark, trade secret, copyright or any other proprietary rights of any party, or material protected by intellectual property laws, right of privacy or publicity or any other applicable law, unless having all necessary contracts or consents.

 

All photos, whether posted publicly or privately transmitted, are the sole responsibility of the person from which the photo originated. Whizory does not control photos posted by Career Experts or Members and, as such, does not guarantee the accuracy, integrity or quality of such.

Although Whizory does not accept responsibility for these photos, Whizory does reserve the right to remove at any time, without notice, a photo or image that violates our Photo Policy.

By becoming a Career Expert, each Expert agrees that his/her photograph, if submitted, can be used for the purposes described here and also in the Privacy Policy.

 

Protection of photos (which is referred to as personal information):

Whizory takes appropriate administrative and technical measures to safeguard the photos uploaded to or posted on the Services against loss, theft, and misuse, as well as unauthorized access, alteration, disclosure or destruction.

 

 

FEEDBACK POLICY

This Feedback Policy forms part of the Terms and is incorporated by reference therein.

We urge all Members to please use caution and good judgment when leaving feedback for their Career Experts.

Please also bear in mind that you can be held legally responsible for damages to someone's reputation if a court finds that your remarks are defamatory. Under applicable laws, including the Communications Decency Act, Whizory is not legally responsible for the feedback that Members post on App, even if that feedback is defamatory. Whizory provides a rating system as a place for our Members to express their opinions, and we will neither censor these opinions nor investigate them for accuracy.

To ensure that the feedback system is not abused, Whizory may remove feedback in the limited situations described below. If you believe that another Member has left feedback for you that meets one or more of the following criteria, you should contact us by sending us email to customerservice@whizor.com.

Circumstances In Which Whizory Will Consider Removing Feedback:

• The feedback was written with the sole intention of describing or commenting on Whizory itself and not the Career Expert or the Career Expert's Services.

• The feedback contains profane or vulgar language, Adult Content or adult material. Whizory will not remove feedback containing inflammatory words such as "fake," "sucks" or "boring". It is discouraged but will not be removed.

• The feedback contains personal identifying information about a Member, including real name, address, phone number or email address.

• The feedback contains negative comments regarding a Career Experts failure to perform actions or services which are outside the scope of the Career Expert's Services described in his or her listing.

• The feedback is made by a Career Expertfor herself or himself (whether directly or indirectly, using secondary Member names or third parties to leave such feedback).

• The feedback is made by a Member who provided Whizory with false contact information during the registration process, and cannot be contacted.

• Multiple ratings or feedback for the same Expertare left by one Member, in which case, Whizory may remove any or all of the feedback left by that Member.

• Feedback determined to be of a harassing nature by Whizory in its sole and absolute discretion, in which case, Whizory may remove any or all feedback made by that Member.

• The feedback refers to another Member's feedback, mentions other Career Expert or includes links to other Websites.

• Feedback mistakenly left or intended for another Career Expert will be considered for removal only when the Member responsible informs Whizory of the error.

• Feedback will be considered for revision when Members mutually agree that the rating is no longer an accurate reflection of a transaction. In this circumstance, both parties must write to Whizory with their request.

 

PAYMENT POLICY

Whizory's payment responsibilities for Career Services you provide are subject to restrictions and limitations:

 

This Payment Policy forms part of the Terms and is incorporated by reference therein.

 

Whizory's payment responsibilities for Career Services provided by Career Experts are subject to restrictions and limitations:

Whizory works with PayPal to make sure the payment is secured for parties.

The Member is required to register with PayPal, agree to terms of services of PayPal and go through a vetting process at the request of PayPal to set up their PayPal account. Please note that Whizory is not party to the agreement with PayPal and that Whizory has no obligations or liability to any Member under the agreement with PayPal. PayPal Amy enforce their own dispute resolution for payment issues conducted through PayPal.

The Member who initiates a session (“Transaction”) with a Career Expert through the App is solely responsible for payment of any and all fees for the Transaction. Whizory shall not be obligated to pay any Career Expert fees for which Whizory has not been fully paid by the Member. Whizory is not deemed as the provider of any Career Services. The App acts as a payments processor on behalf of the Career Expert and does not act as the agent with respect to any payments for Career Services rendered via the App.

You agree to maintain valid PayPal Account. By providing Whizory with your PayPal information, you hereby authorize Whizory to collect payments for Career Experts for any and all Transactions that you had through the App.

You agree that all current and future interactions (whether online or offline) between you and the Career Expert will be made, managed and billed through the App.

You agree and commit to immediately notify us, including all the relevant details, in any case that you receive a service from the Career Expert not through the App or in any case that you are billed by Career Expert not through the App.

Whizory will credit to your PayPal account the fees collected by Whizory less Whizory's Platform Use Fees (as defined below), PayPal’s Transaction fee, any tax withholdings required by law, and any refunds, discounts, chargebacks and chargeback fees payable by Whizory (the "Net Fees").

 

 

 

 

 

 

 

 

 

 

 

 

 

Payments for sessions, via PayPal, will be transferred on the 5th of each month in the following manner:

For sessions that are ended (meaning that the Career Expert confirms that the sessions is ended) by the 20th of each month, the Net Fees are transferred to the Career Expert's PayPal account on the 5th of the consecutive month. For sessions that are ended after the 20th, the Net Fees are transferred to the Career Expert's PayPal account on the 5th of the following month.

For example: Session ended on June 11th, 2018 => Net Fees will be transferred to the Career Expert on July 5th, 2018.

Session ended on June 21st, 2018 => Net Fees will be transferred to the Experton August 5th, 2018.

 

Career Expert Fee Remittance

Payment for providing Service is used to compensate Whizory for the use and operation of the Whizory Platform (“Platform Use Fees”). The Platform Use Fees are 30 percent out of any session.



 


 

REFUND POLICY

Whizory has adopted a policy of honoring refund requests up to the total available balance within a Member account.

Whizory will also process requests for refunds received to our email at customerservice@whizor.com.

Customer Support reviews refunds on a case-by-case basis in conjunction with the Career Experts. We make accommodations if unique or legal circumstances (medical, death, disability, court orders, etc.) dictate the reason for the refund request.

 

Additional reasons for a refund:

Please note that refunds are automatically issued upon (i) Member’s request to close his account, or (ii) if Whizory makes a determination to close Member’s account.

Whizory reserves the right in its sole discretion to terminate a transaction in order to fulfill credit card industry regulations, payment processor and banking procedures, or in an effort to accommodate legal requests.

If a breach of our agreement, customer error, technical issue or potential fraudulent transaction has been brought to our attention, Whizory may also choose to issue a refund.

 





































 

WHIZORY LTD. PRIVACY POLICY

 

The Whizory Ltd. Privacy Policy was last updated on July 5th, 2018.

 

We, Whizory Ltd., company no. 515708352 ("Whizory", "we", "us" or “our”), with registered place of business at 34 Assuta Street, Even Yehuda, Israel, and our corporate affiliates, are committed to protecting and respecting your privacy. We believe in transparency and want you to feel comfortable using our platform, and we are committed to being upfront about how we treat your personal information.

 

Our Terms require all account owners to be at least 18 years of age, therefore, this Policy does not discuss use of our Services by minors.

 

  1. Important information and who we are

    1. Purpose of This Privacy Policy  

This Privacy Policy ("Policy") explains how we collect and process your personal data when you ("you" or "your", the user of our Services) access and use the mobile application or internet website (as applicable, the "App"), our website (www.whizor.com) (the "Site"), and products and services provided by us (which, together, are referred to as the "Services"), and how we use such information and protect it. The Policy also wishes to make sure that you are aware of the options available to you when you access and use our Services.

It is important that you read this privacy policy together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This Policy supplements the other notices and is not intended to override them.

 

    1. Data Controller  

Whizory is the controller and responsible for your personal data.


 

    1. Contact Details

Our full details are:

Whizory Ltd.

Email address: customerservice@Whizor.com

Postal address: 34 Assuta Street, Even Yehuda, Israel

Telephone number: +972-548040210

If you are an EU resident, you have the right to make a complaint at any time to the relevant supervisory authority. We would, however, appreciate the chance to deal with your concerns before you approach such authority, so please contact us in the first instance.

 

    1. Changes to the Policy and Your Duty to Inform us of Changes  

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.



 

    1. Third-Party Links

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy policies and practices. When you leave our website, we encourage you to read the privacy policy of every website you visit.


 

  1. The Personal Data we collect and process:

“Personal Data”, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We do not collect any special categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

 

We may collect, use, store and transfer different kinds of personal data about you:

    1. Information you provide us

When you create an account on our Services as a Member (as such term is defined in our Terms), you need to provide certain information, such as your name, email address, profile picture. We collect and process this data for the purpose of registering you as a Member. The legal grounds for collecting, processing and using your personal data is your consent, the performance of the agreement between you and us to provide you with the Services and our legitimate interests of protecting the security of our users’ accounts.

When you create an account on our Services as a Career Expert (as such term is defined in our Terms), you need to provide certain information in addition to the information listed above, such as your professional experience, physical address, country of residence, and Facebook page. We collect and process this data for the purpose of registering your account as a Career Expert. The legal grounds for collecting, processing and using your personal data is your consent, the performance of the agreement between you and us to provide you with the Services and our legitimate interests of protecting the security of our users’ accounts

For online payments and other transactions, we use Paypal as a third party payment service provider (“Paypal”). To enable Paypal to provide this online payment service, we require Members that sign up as Career Experts to provide us their Paypal account name. We only use any such data collected in order to enable the online payment service, and always ensure sufficient security of such personal data. Processing of any of your personal data by Paypal is covered by the Paypal privacy policy (available here: https://www.paypal.com/us/webapps/mpp/ua/privacy-full).

If you actively consent to receiving newsletters, marketing and promotional information from us, we will also process your email address for the purpose of providing you with the same. The legal ground for processing your email address for this purpose is your consent. You may withdraw your consent at any time by emailing customerservice@whizor.com. Any information you provide us is provided by you voluntarily. However, certain information is required in order for you to register and enjoy the full benefits of our Services, and a withdrawal of your consent might limit your ability to enjoy our Services.

    1. Information processed when you sign in to your account with Social Media Credentials (if you choose to do so):

You may choose to sign in to your account using your social media sign in credentials (e.g., your Facebook sign in credentials). If you choose to do this, the first time you do so you will be asked whether you agree that the social media provider may provide certain information to Whizory, such as your name, email address, profile photo, posts, comments and other information associated with your social media account.

All of this information is made available to us by the social media provider due to the way the social sign-in configuration works. If you do not want your information to be shared with us by the social media provider, then you can simply sign in to your account using your account credentials instead of your social media account credentials.

Whizory associates the email address provided by the social media provider with your account so that you can use your email address to sign in to your account in the future if you no longer wish to sign in using your social media account credentials. The legal ground for processing this information for this purpose is our legitimate interest in providing you an alternative sign in method and in securing your account.

    1. Personal data that is processed when you communicate with Whizory:

When you interact with our customer support representatives via email, telephone, or online, we collect and process personal data, such as your name, mailing address, phone number, email address and contact preferences. We also may create event logs that are useful in diagnosing product or app performance-related issues, and capture information relating to the support or service issue. To improve customer service, subject to applicable laws, we may also record and review conversations with customer support representatives, and analyse any feedback provided to us through voluntary customer surveys. With your consent, our customer support representatives may sign in to your account, if appropriate, to help troubleshoot and resolve your issue.

[We use this information to provide you with customer support and to monitor the quality and types of customer support we provide to our customers. The legal ground for processing this information for these purposes is Whizory’s legitimate interests in providing quality customer support. The legal ground for signing in to your account, if appropriate, to help troubleshoot and resolve your issue is consent, which you may withdraw.]

    1. Information we collect from your use of the Services

        When you interact with our Services, we use certain third parties in order to collect information about online activities on our Services over time:

      Google Analytics

    Whizory uses Google Analytics to track user behavior on the Services. We use reports provided by Google Analytics to help us understand App usage. Google Analytics does not identify individual users or associate your IP address with any other data held by Google.

     Further information on how Google uses information collected through Google Analytics can be found under www.google.com/policies/privacy/partners/.

       Opt Out: https://tools.google.com/dlpage/gaoptout?hl=en




 

      Facebook Pixel:

   The Facebook Pixel allows to identify users that choose to sign in to your account using your Facebook sign in credentials.


Privacy Policy: https://www.facebook.com/about/privacy/.

      Opt Out: https://www.facebook.com/settings?tab=ads.


We also collect, use, and share aggregated data such as statistical or demographic data for any purpose. Aggregated data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your usage data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect aggregated data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Policy. 

    1. If you fail to provide Personal Data

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us, but we will notify you if this is the case at the time.

  1. How we use the information we collect and store

    1. We respect your privacy. We will only use your Personal Data when the law allows us to. In addition to the uses described under Section ‎2, we will most commonly use your Personal Data in the following circumstances:

  • Where we need to perform the contract we are about to enter into or have entered into with you.

  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.

  • Where we need to comply with a legal or regulatory obligation.

    1. We specifically use the information to help us to:

  • allow you to access Services, or otherwise engage in activities in the Services that you select;

  • process and complete a transaction, or provide services or customer support and respond to inquiries;

  • deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you;

  • communicate back to you;

  • make suggestions and recommendations to you about goods or services that may be of interest to you; and

  • enforce terms of use.

    1. We use information that we collect about you as follows:

  • to perform network communications, to administer our site and to support internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes and as part of our efforts to keep our site safe and secure;

  • for maintaining and analysing the function of the Services' features and offerings, advertisements, and e-mail communications, and to improve them when necessary.

  • We may also use this information to make suggestions and recommendations to you and other users of our site about services that may interest you or them.

Whizory limits access to your personal information by Whizory personnel to those whom we believe reasonably need that information to provide products or services to you or in order to do their jobs.

    1. Sharing information that you made available to the public.  

As a Career Expert, you may optionally choose to provide and publicly display your full name and other personal information in connection with your account and activity.

Other people may see reviews, ratings, profile information. Such information is collected and processed by us only if you expressly consent thereto. You may withdraw your consent at any time by emailing customerservice@Whizor.com.

    1. Change of Purpose

We will only use your Personal Data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose.

If we need to use your Personal Data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your Personal Data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

  1. DISCLOSURE OF YOUR INFORMATION TO THIRD PARTIES

We value your privacy and will not share your personal information except with the parties set out below for the purposes indicated in Sections 2 and ‎3  above:

  • Service provider Microsoft Azure acting as processor based in  Europe who provide hosting services.

  • Professional and legal advisers including lawyers, bankers, auditors and insurers based in Israel and Europe who provide consultancy, banking, legal, insurance and accounting services or who require reporting of processing activities in certain circumstances.

  • We may disclose Personal Information (i) as a response to a legal request (such as a court order, search warrant, or subpoena) if we believe that we are required to do so by applicable law; or (ii) when we believe that such disclosure or use is necessary in order to: reveal, prevent and address fraud, intellectual property infringement, piracy, or other illegal activities; enforce this Policy or our Terms, including in order to investigate potential breaches; protect our rights, property or safety, or those of our users or from members of the public from harm, as required or permitted by law; and prevent death or imminent bodily harm. In such events, Whizory may disclose a name, address, country, phone number, email address and company name.

  • Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this Policy.

           We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

Non-Personally Identifiable Information.

  • We may also share aggregated or non-personally identifiable information that we collect under any of the above circumstances with our business partners, affiliates or other third parties to develop and deliver targeted advertising on our websites and on websites of third parties. We also may share aggregated information with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis. For example, we may tell our advertisers the number of visitors to our website and the most popular features or services accessed. This information does not contain any personal information and may be used to develop website content and services that we hope you and other users will find interesting and to customise content and advertising.

  1. Transfers of Personal Data

We are an Israeli private company headquartered in Even Yehuda, Israel. Please be aware that we may need to transfer your information, including your Personal Data, to Israel, the European Union and the United Kingdom and other countries through certain third parties that we use to operate and manage the App, and Services, including Microsoft Azure.

Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

  • We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission.

  • Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US.

Please Contact us customerservice@whizor.com if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA. 

  1. Data Retention

Whizory will retain your information only for as long as is necessary for the purposes set out in this Policy, including for the purposes of satisfying any legal, accounting, or reporting requirements, or for as long as your account is active, or as needed to provide you services, or for the relevant term under the respective statute of limitation that may apply to the relationship between you and us.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

If you no longer want Whizory to use your information to provide you services, you may close your account. Whizory will retain and use your information to the extent necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

  1. How do We Secure Your Information?

We consider data security a top priority and we do our best to keep your Personal Data secure. We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. Such measures include:

  • Encrypting many of our services using SSL.

  • Employing firewalls and intrusion detection systems.

  • Practicing administrative, technical, and physical security procedures to help protect the information you provide us.

In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with personal data breach (whether such breach is actual or a probable threat) and will notify you and any applicable regulator of a breach where we are legally required to do so.

Please keep in mind that no method of transmission over the Internet, or method of electronic storage, is 100% secure. As a result, although we strive to protect your personal information, we cannot promise or guarantee that such information will be immune from any wrongdoings, malfunctions, unlawful interceptions or access, or other kinds of abuse and misuse.

If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us in accordance with the "Contact Us" section above.

  1. Protection of Children’s Privacy

Our Services are not directed to children under eighteen (18) years.

If it comes to our attention through reliable means that a registered user is a child under eighteen (18) years of age, we will cancel that user's account and/or access to the Services.

  1. Your Legal Rights

If you reside in the European Union, you have certain rights under European Data Protection Law with regard to your personal data. You have the right to:

  • Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

  • Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

  • Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which, if applicable, will be notified to you at the time of your request.

  • Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

  • Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

  • Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

  • Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the rights set out above, or to delete your account, please contact us at customerservice@Whizor.com.

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

    We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

If you do not reside in the European Union but you believe that you have a right to restriction of processing or a right to object to processing under your local laws, please contact Whizory at customerservice@whizor.com.

  1. Changes to Our Privacy Policy

Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to our privacy policy. To the extent permitted by law, your continued use of our Services following the posting of changes to this Policy or providing notice to you, whichever occurs first, means that you accept those changes.

  1. General

If any provision of this Policy is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Policy, which shall remain in full force and effect, provided, however, that in such event this Policy shall be interpreted so as to give effect, to the greatest extent consistent with, and permitted by, applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction.

  1. Governing Law and Jurisdiction

This Policy shall be governed by the laws of the State of Israel, without respect to its conflict of laws principles. We each agree to submit to the personal and exclusive jurisdiction of the courts located in Tel Aviv-Jaffa, Israel, for any dispute arising out of or in relation to this Policy and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Our Services are controlled and operated from Israel, and we make no representations that they are appropriate or available for use in other locations.

  1. Note to International Users

      We are an Israeli private company headquartered in Even Yehuda, Israel. If you are located outside of Israel, the personal information you provide to us will be transferred to Israel and governed by applicable Israeli laws and regulations and this Privacy Policy. Some of this information may be transferred to, processed and stored by our service providers in other countries.