AnyService Ltd. d/b/a ConWize (“ConWize“, “us“, “our“, or “we“), a company incorporated in the State of Israel with Company No. 515680841, has developed a technology that allows organizations and/or entities to manage their projects, with an emphasis on the tender offer and execution stages (“Platform“) available to you through this website (“Site“). These Terms of Service (“Terms“) along with the Price Proposal (as defined below) govern your access and use of the Platform, Site, and the services available thereon (“Services“). Our Privacy Notice (“Privacy Notice“) governs our collection, processing and transfer of any Personal Data (as defined in the Privacy Notice). “You” means an individual using the Site, Platform, or Services.
Please read these Terms carefully. By clicking on the button marked “I agree” you signify your assent to these Terms. Changes may be made to these Terms from time to time. If you do not agree to any of these Terms, please do not click the button marked “I agree” and do not use the Services. Your continued use of the Platform following any update shall be deemed acceptance of any such amended or updated terms.
If you are registering on behalf of any entity or company (“Company“) as an Administrator (as defined below), you represent that you are authorized to enter into, and bind the Company to these Terms and register for the Platform and/or Services. You are solely responsible for ensuring that these Terms and your Company’s use of the Platform and/or Services are in compliance with all laws, rules, and regulations applicable to you and the Company and the right to access the Platform and/or Services is revoked where these Terms or use of the Platform and/or Services is prohibited.
In the event of a conflict between these Terms and a price proposal executed by the Company you represent and us separately prior to entering into these Terms (the “Price Proposal“), the provisions of the Price Proposal shall prevail.
1. Use of Platform and Services
1.1. Subject to these Terms and the Price Proposal, if applicable, ConWize allows you to access and use the Platform and Services on a non-exclusive and non-transferrable basis for your or the Company’s, as applicable, internal business purposes only. Other than with respect to any outstanding orders, ConWize may, at its sole discretion and at any time, modify or discontinue providing the Services or any part thereof without notice and shall not be liable to you or any third party for any modification or discontinuance of the Services.
1.2. Use of and access to the Services is void where prohibited by law. You represent and warrant that (a) any and all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older and have the ability to form a binding contract; (d) your use of the Platform and/or Services does not violate any applicable law, regulation, or obligation you may have to a third party; and (e) you shall comply with applicable laws, regulations, guidelines, and these Terms throughout your use of the Platform and/or Services.
1.3. Your Company may be invited to use the Platform by another Company using the Platform and you will also have the opportunity to invite other entities to use the Platform. You are solely responsible for any invitations that you send to other entities and for ensuring that such invitations are sent in compliance with applicable law.
1.3.1. Companies seeking to obtain certain construction services can create projects (“Projects“) and request that other Companies submit proposals for provision of such services (“Offers“). The Company creating the Project can review, analyze, and compare the Offers submitted by through the Platform and assess risks.
1.3.2. Companies can also submit proposals for Offers, manage different stages of the Offer, including management of Companies serving as subcontractors, receipt and comparison of Offers submitted by other Companies, conduct self-pricing, and management of the execution stage of the Project (including management of communication with Companies serving as subcontractors).
1.4. By using the Platform and Services, you acknowledge that Conwize does not sell, manage, supervise, and/or provide any of the services offered by other Companies through the Platform; Conwize only provides a platform on which you can request, search, compare, and manage services of other Companies. Conwize is not and shall not be responsible for the price, quality, or provision of services by other Companies and is not responsible for the conduct or behavior of any other Companies on or off the Platform.
2. Transactions Between Users
2.1. When a user contacts another user through the Platform, the other user will receive the initial information (the proposed price, service request, etc.) through the Platform. Further communications between users may be conducted outside of the Platform by any means available to the users.
2.2. ConWize shall not be a party to any transaction conducted due to information published on the Platform. All terms of said transaction will be agreed upon directly between the relevant users, including but not limited to the terms of payment for the services or goods provided by any other Companies. ConWize is not responsible for the goods or services offered by any Companies through the Platform or purchased through the Platform and will not take part in any disputes between the parties of a transaction, should one arise. It is hereby clarified and agreed that the presentation of User Content (as defined below) and/or commercial information on the Platform shall not be interpreted as a recommendation by ConWize to use, a show of support, encouragement, consent or sponsorship made by ConWize, directly or indirectly, regarding any goods and/or services offered by Companies through the Platform.
2.3. Payment for services provided by Companies engaged by way of the Platform will be made in accordance with the terms and conditions agreed between the applicable parties and will be made externally and independently from the Platform. Any payments made will be subject to the terms and conditions of the relevant Company or the payment service it uses, as agreed between the relevant parties. It is clarified that, subject to applicable laws, ConWize will not be held responsible for any damages, flaws or malfunctions of any kind which might be caused by the use of the relevant Company’s payment services, including but not limited to the method of payment and/or the method of transfer and/or accompanying payments of the transaction and/or any other aspect of the payment services.
2.4. It is the user’s responsibility to assess the need for payment and/or the collection of taxes for any services provided to other users. ConWize does not accept any responsibility with regards to the calculation and/or collection of any relevant taxes.
2.5. Any claims or complaints regarding the conduct of another Company or any transaction (including but not limited to with regards to the proposed price), the Offer’s terms and conditions or specific requests, will be the sole responsibility of the relevant Companies. To the extent that ConWize attempts, as a gesture of their own goodwill, to assist with resolving a dispute, such attempt shall not be construed as obligating ConWize and/or anyone on its behalf for any actions taken on the Platform and/or through it.
3. Account Registration
3.1. In order to use the Platform and/or Services, you will need to have a registered account. To complete the registration process, you must provide all registration information as requested by us.
3.2. A user may be designated as either an “Administrator” or an “Employee”. Depending on the designation of your account, different services may be available to you. Initial registration of an account for a Company must be completed by an Administrator. Following initial setup of an account, the Administrator may add additional Employee accounts. If you are an Administrator opening an Employee account you represent and warrant that you have lawfully received any necessary consent and have the full right and power to provide ConWize with any Personal Data of any third party that you provide for registration purposes.
3.3. ConWize may refuse to open an Administrator and/or Employee account for any individual or Company and/or limit the number of Administrator and/or Employee users a Company may register, all at its sole discretion.
3.4. You agree to notify us immediately of any unauthorized use of your account or password. You are fully and solely responsible for the security of your computer system and/or mobile device and all activity on your account, even if such activities were not committed by you. To the fullest extent permitted by applicable law, ConWize will not be liable for any losses or damage arising from unauthorized use of your account or password, and you agree to indemnify and hold ConWize harmless for any unauthorized, improper or illegal use of your account and any charges and taxes incurred, unless you have notified us via e-mail at [email protected] that your account has been compromised and have requested that we block access to it, which we will do as soon as reasonably practicable. We do not police for and cannot guarantee that we will learn of or prevent, any inappropriate use of the Platform and/or Services.
4. Termination of Account
4.1. You agree that ConWize may for any reason, at its sole discretion and without notice, suspend or terminate your account, and may remove any Content (as defined below) associated with your account and take any other corrective action it deems appropriate. Grounds for such termination or suspension may include (i) termination, suspension, expiration or breach (including regarding payment) of the Price Proposal for any reason (ii) violation of the letter or spirit of these Terms, (iii) fraudulent, harassing or abusive behavior, or (iv) behavior that is illegal or harmful to other users, third parties, or the business interests of ConWize. If your account is terminated, you may not rejoin ConWize again without express permission. Upon termination of your account, you shall not have any further access to any Content that may be available through your account.
4.2. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior through the Services. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity, behavior or Content of anyone believed to have violated these Terms or to have engaged in illegal behavior in connection with the Services.
4.3. You may request termination of your ConWize account at any time and for any reason by sending an email to [email protected]. Following such request, ConWize shall close your account as soon as reasonably practicable. Any suspension or termination of your account shall not affect your obligations under these Terms (including but not limited to ownership, indemnification, any representations and warranties made by you, limitation of liability, and payment obligations), which by their sense and context are intended to survive such suspension or termination.
5. Fees and Payment. The Platform and/or Services may be used by one Company to respond to Offers and other messages sent by another Company without payment. All other uses of the Platform and/or Services shall be subject to payment as agreed in the Price Proposal.
6. Reports. If you have not opted-out of such use, ConWize may use User Content you submit, including terms of Offers and Proposals, in an anonymous and aggregate fashion to generate recommendations and statistical analyses concerning all of ConWize’s users and the prices and terms they offer through the Platform and/or Services (“Reports“). If you choose to opt-out of this use by ConWize, you may contact us at [email protected]. If you have opted out, you will not be granted access to the Reports on the Platform.
7. Content
7.1. Certain types of content may be made available through the Services. “Content” as used in these Terms means, collectively, all content on or made available through the Services, including any images, photos, pictures, reports, or recommendations, and any modifications or derivatives of the foregoing. ConWize allows you to upload and/or post certain content including but not limited to documents, images and/or pictures and/or feedback on or through the Services, referred to herein as “User Content“.
7.2. ConWize provides an online chat system, which allows you to communicate with other users and third parties. Such chats may be saved for future reference by ConWize and is included in the term User Content.
7.3. Content comes from a variety of sources. You understand that ConWize is not responsible for the accuracy, usefulness, safety, appropriateness of, or infringement of any intellectual property rights of or relating to this Content (including but not limited to the User Content). Although users must agree to these Terms, it is possible that other users (including unauthorized users) may post or transmit offensive or obscene materials and that you may be involuntarily exposed to such offensive or obscene materials. You hereby waive any legal or equitable rights or remedies you have or may have against us with respect thereto.
7.4. CONWIZE DOES NOT ENDORSE ANY CONTENT (INCLUDING WITHOUT LIMITATION ANY USER CONTENT) OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED IN ANY CONTENT AND TO THE FULLEST EXTENT PERMITTED UNER APPLICABLE LAW, EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH THE CONTENT AND/OR USER CONTENT. CONWIZE DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF ANY AND ALL USERS (INCLUDING UNAUTHORIZED USERS) THAT ARE NOT SOLELY DUE TO CONWIZE’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE.
8. User Content Restrictions
8.1. ConWize has no obligation to accept, display, or maintain any User Content. Moreover, ConWize reserves the right to remove and permanently delete any User Content uploaded by you, without notice and for any reason. You are and shall remain at all times fully and solely responsible for any User Content that you upload to the Services. You represent and warrant that any User Content that you upload (i) complies with applicable law; (ii) does not infringe or violate any third-party intellectual property rights, privacy or publicity rights, or moral rights; and (iii) that you have all necessary rights and authorities to submit such User Content. Any User Content posted or submitted through the Services shall not be considered confidential and may be disseminated by ConWize without compensation to you.
8.2. Without limiting the foregoing, you agree that you will not transmit, submit or upload any User Content or act in any way that: (1) restricts or inhibits use of the Services; (2) violates the legal rights of others, including defaming, abuse, stalking or threatening users; (3) infringes (or results in the infringement of) the intellectual property rights, moral rights, publicity, privacy, or other rights of any third party; (4) is (or you reasonably believe or should reasonably believe to be) stolen, illegal, counterfeit, fraudulent, pirated, violent or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe or should reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; (5) does not comply with all applicable laws, rules and regulations; (6) imposes an unreasonably or disproportionately large load on our infrastructure; or (7) posts, stores, transmits, offers, or solicits anything that contains the following, or that you know contains links to the following or to locations that in turn contain links to the following: (a) material that we determine to be offensive (including material promoting or glorifying hate, violence, bigotry, or any entity (past or present) principally dedicated to such causes or items associated with such an entity), (b) material that is racially or ethnically insensitive, material that is defamatory, harassing or threatening, (c) pornography or obscene material, (d) any virus, worm, trojan horse, or other harmful or disruptive component or (e) anything that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or regulation or is otherwise inappropriate or offensive.
8.3. ConWize may, at its sole discretion, choose to monitor User Content for inappropriate or illegal behavior, including through automatic means, provided however, that ConWize reserves the right to treat User Content as content stored at the direction of users for which ConWize will not exercise editorial control except when violations are directly brought to ConWize attention.
8.4. It is possible for others to obtain Personal Data about you due to your use of the Platform, including through any User Content that you make available through your account. Anyone receiving or viewing User Content may use information you provided through such User Content (such as your contact details, location or description of an entity you represent) for purposes other than what you intended. We are not responsible for the use of any Personal Data that you disclose on the Platform or through any User Content by any third party. By making any information available through the Platform, you acknowledge that you understand and have agreed to such risks.
9. Use Restrictions. You may not do or attempt to do or facilitate a third party in doing any of the following: (1) decipher, decompile, disassemble, or reverse-engineer any of the software and/or code, if and as applicable, used to provide the Site, Platform, or Services without our prior written authorization, including framing or mirroring any part of the Site, Platform, or Services; (2) circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content; (3) use the Site, Platform, or Services or content thereon in connection with any commercial endeavors in any manner, except for the purposes specifically set forth in these Terms; (4) use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Site, Platform, or Services; (5) use or access another user’s account or password without permission; (6) use the Site, Platform, or Services or content thereon in any manner not permitted by these Terms.
10. Ratings and Reviews. The Platform and/or Services provide users with certain information about certain Companies, including but not limited to information obtained from the Contractors’ Registry of the Ministry of Housing and Construction. Users may also contribute reviews and ratings about each other. Reviews and ratings about users are all publicly available on the Platform, without listing the name of the user providing the rating.
11. Intellectual Property
11.1. ConWize or its licensors, as the case may be, have all right, title and interest in the Platform, Site, Services, and any content thereon, including its overall appearance, text, graphics, graphics design, videos, demos, interfaces, and underlying source files, and all worldwide intellectual property rights, the trademarks, service marks, and logos contained therein, whether registered or unregistered. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use the Content of the Site or Services for any purpose. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Site and/or Services and/or Platform, if any. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms or the Site or the Platform should be construed as granting you any right to use any trademark, service mark, logo, or trade name of ConWize or any third party. If you provide ConWize with any feedback regarding any content on the Site and/or Services and/or Platform, ConWize may use all such feedback without restriction and shall not be subject to any non-disclosure or non-use obligations in respect of such feedback.
11.2. You have all right, title and interest in the User Content you submit. By submitting or posting any User Content, you grant ConWize and its successors and assignees a non-exclusive, sub-licensable license to use, copy, distribute, modify, or prepare derivative works of such User Content on, through or in connection with the Site and/or Platform, and to use User Content in an anonymous and aggregate fashion in order to generate Reports.
12. Disclaimers and Disclaimer of Warranty
12.2. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE, PLATFORM, AND/OR SERVICES OR ANY CONTENT THEREON, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SITE, PLATFORM, AND/OR SERVICES; OR (II) THAT THE SITE, PLATFORM OR SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SITE AND/OR SERVICES AND/OR PLATFORM.
12.3. No advice or information, whether oral or written, obtained by you from us, shall create any warranty that is not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
12.4. You acknowledge and agree that ConWize is not a data retention service. You therefore must create backups of your data, and ConWize shall have no responsibility or liability in respect of any loss of, damage to, or corruption of any such data.
13. Limitation of Liability
13.1. Without derogation from any of the above, we assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Content or Services. We are not responsible for any problems or technical malfunction or failure of any telephone network or lines, computer online systems or equipment, servers or providers, software, failure due to technical problems or traffic congestion on the Internet or on the Services. Under no circumstances shall we be responsible for any loss or damage, including personal injury or death and any injury or damage to any person’s mobile device or computer, resulting from use of the Platform, Services, from any Content, or from the conduct of any users of the Services, whether online or offline. In addition, we assume no responsibility for any incorrect data, including Personal Data provided by you or on your behalf and you hereby represent and warrant that you are solely responsible for any and all data provided to ConWize, including any incorrect data and you shall assume any and all liability for any consequences of provision of such incorrect data to us.
13.2. IN NO EVENT SHALL CONWIZE, ITS OFFICERS, DIRECTORS, EMPLOYEES, ASSIGNEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES AND/OR THE PLATFORM, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH THE SERVICES AND/OR THE PLATFORM, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT CONWIZE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU EXCEED THE AMOUNT YOU HAVE PAID US IN THE SIX MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE APPLICABLE CLAIM OR CAUSE OF ACTION AROSE AND IF NO PAYMENT HAS BEEN MADE $100.
14. Indemnification. You agree to indemnify, defend, and hold harmless ConWize and its employees, directors, officers, subcontractors and agents, against any and all claims, damages, or costs, losses, liabilities or expenses (including reasonable court costs and attorneys’ fees) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your computer and/or mobile device, password (whether authorized or unauthorized); (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) Site, Platform, or Services; (c) your violation of any law or regulation or any of your obligations, representations, or warranties hereunder; (d) your infringement of any right of any third party; and (e) any other matter for which you are responsible hereunder or under applicable law.
15. Notices. Any required notices pursuant to these Terms may be sent by registered mail or email transmission (with electronic confirmation of delivery) to the addresses of the parties hereto set out herein or provided upon registration, as applicable, and any such notice shall be deemed to have been received one (1) business day after delivery by courier, four (4) business days after delivery by registered mail and one (1) business day after email transmission and written confirmation receipt of such transmission.
16. Miscellaneous. These Terms shall be governed solely by the laws of the State of Israel, and without regard to the United Nations Convention on the International Sales of Goods and the competent courts in the State of Israel shall have exclusive jurisdiction to hear any disputes arising hereunder. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and ConWize or enables you to act on behalf of ConWize. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between us and you pertaining to the subject matter hereof, and any and all other agreements existing between us and you relating thereto are hereby canceled. We may assign and/or transfer our rights and obligations hereunder to any third party without prior notice. You shall not assign and/or transfer any of your rights or obligations hereunder, and any assignment in violation of the foregoing shall be void. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
Last updated: February 2022
