PLEASE READ THIS TERMS OF USE AGREEMENT CAREFULLY. BY ACCESSING OR USING THIS PLATFORM. YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS PLATFORM.
This is The Petra Management and Innovation Ltd.'s ("PETRA”) Terms of Use ("Terms of Use," "Agreement," "Document") that governs your access to, and use of, the Gesher® Platform located at gesher.global (or any subsequent URL which may replace it) and all officially associated Platforms and micro-sites (collectively, the "GESHER"), and all features, functions software and services offered through this Platform. The platform, functions, software, and services offered through this Platform collectively constitute the "Use" or "Service." This Document applies to all customers, visitors, users of GESHER, and its respective and related pages ("you," "your," "user," "users").
LEGAL AGREEMENT
These Terms of Use constitute a legal agreement between you and PETRA. Your use of GESHER acknowledges that you have read, understand and agree to the terms and conditions of this Document, and your agreement to comply with the Privacy Policy applicable to the software PETRA may provide in connection with the Use/Service. You hereby represent that you have the legal capacity to enter into this Agreement and you are not barred from receiving services offered by GESHER under the laws of Canada, the United States or other applicable jurisdiction. You understand that the services being offered may include certain communications from PETRA, such as service announcements, administrative messages, or other information, and that these communications constitute part of the Use/Service being offered by GESHER and you may not have the right to opt-out of receiving them. If you do not agree with all the terms of this Agreement, you do not have permission to access GESHER and its related parts, by creating a User Identity. If you violate any of these terms, we will respond as we see fit, including blocking access to your Identity and/or legal action.
Please keep in mind our policies are not applicable to any third-party site PETRA may link to from GESHER; you must separately accept and conform to their individual policies. Any information we gather from you, whether personally identifiable or anonymous data is governed by our Privacy Policy listed ahead.
PETRA may amend these Terms of Use, Privacy Policy at any time in its sole discretion. Amendments and modifications will be effective immediately after publishing them on GESHER or otherwise providing you a copy thereof, (and you waive any right you may have to receive specific notice of such changes or modifications). You agree to and are responsible for checking this Agreement, Privacy Policy periodically so you will be familiar with their contents as they may be amended or modified from time to time. By continuing to use any portion of the Use/Service, you are signifying your acceptance of any revised or updated terms. If you do not agree to the amended terms, you must stop using the Service.
AGE REQUIREMENTS
You must be at least 13 years old to use the Service. If you are under 18, you represent that you have your parent or guardian’s permission to use the Service. Please have them read this Agreement with you.
If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Service, you are subject to the terms of this Agreement and responsible for your child’s activity on the Service. Our content follows the Children's Online Privacy Protection Act (COPPA) and is not directed at children under 13 years of age. information about minors, Gesher does not allow access for individuals below the legal age. Any and all authorization for minors under your authority is under your responsibility and therefore must be authorized by you.
DESCRIPTION OF USE/SERVICE
Gesher provides a PaaS (Platform as a Service) to registered users of the community to offer features, functions, and services available through GESHER. To access GESHER, you will be required to fill the Gesher forms and such access entails the use of the software and Internet access. You agree that PETRA is not responsible for any hardware, software or Internet access, quality, suitability, or unavailability issues. PETRA does not provide Internet access, and you are responsible for all fees relating to telephone and Internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to the servers. PETRA does NOT sell any of the products or services advertised by the users, GESHER is intended to provide tools do connect people, organizations, and communities searching for better and more efficient ways to interact with each other.
IDENTITY
You will be required to create an account (an "Identity") to access GESHER and certain features and functions of our Service. By creating an Identity or otherwise using the Service, you represent that you are at least age 18 and agree to these Terms of Use, or that you are a minor and your parent(s) or legal guardian has read and agreed to these Terms of Use, and you understand and agree that we are relying upon that representation in allowing you to use the Service.
The GesherID unequivocally represents the person's connection to the real world, because of that, each person must have only one GesherID. Each person is responsible for maintaining that oneness. PETRA reserves the right to take action to ensure those duplicate identities are corrected without requiring user authorization.
Each person is responsible for the accuracy of the information registered on the platform.
By using GESHER, and platform and creating an Identity, you acknowledge, understand, and agree that PETRA collects anonymous data and computer-related technical information for use in anonymous statistical analysis. Please see the Privacy Policy for more detail on the use and distribution of personal information collected throughout GESHER.
When creating an Identity which involves completing our starter form creating a unique user identity ("GesherID") and password, you agree to (i) provide true, accurate, current and complete information as requested in the required fields (the "Identity Information") and (ii) promptly maintain and update such GesherID and your Identity Information to keep it true, accurate, current and complete.
You, as the creator of your Identity and GesherID, you agree that your Identity is for individual and particular use only and that you are solely responsible for your Identity. PETRA is not responsible for any misuse of your Identity or your GesherID, you agree to accept all risks of unauthorized access to your Identity and to hold PETRA harmless from and against any improper use of your Identity or your GesherID, including, but not limited to, improper use by someone to whom you revealed your password.
You are responsible for maintaining the confidentiality and security of your Identity and password/pin code, and you agree to notify us if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are solely responsible for all activities and transactions that occur under your Identity (including purchases and charges, as applicable), and PETRA is not responsible for any unauthorized use of your Identity, including without limitation in the event that your password is stolen or revealed to a third party. You agree to immediately notify PETRA of any unauthorized use of your Identity or any other breach of security in relation to GESHER, the Use/Service known to you by submitting a ticket to Support. PETRA provides you with the choice to change your password in order to safeguard your Identity.
The Identity you create is personal to you and PETRA does not allow the transfer of user Identities. You shall not purchase, sell, gift, or trade any Identity, or make any such offer, and any attempt shall be null and void.
Due to the nature of the service provided, the identity built within GESHER forms the version of the person within Gesher and is referenced through GesherID. You may terminate the access to your personal information at any time, impersonalizing your GesherID, for any reason or no reason, by submitting a request PETRA Support.
LIMITED USE LICENSE
Your Rights. Gesher does not claim ownership of the information that you submit for your account or through our Services. You must have the necessary rights to such information that you submit for your account or through our Services and the right to grant the rights and licenses in our Terms.
Gesher’s Rights. We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. You may not use our copyrights, trademarks, domains, logos, trade dress, patents, and other intellectual property rights unless you have our express permission and except in accordance with our Brand Guidelines.
Your License to Gesher. In order to operate and provide our Services, you grant Gesher a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the information (including the content) that you upload, submit, store, send, or receive on or through our Services. The rights you grant in this license are for the limited purpose of operating and providing our Services (such as to allow us to display your profile picture and status message, transmit your messages, store your undelivered messages on our servers for up to 30 days as we try to deliver them, and otherwise as described in our Privacy Policy).
Gesher’s License to You. We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Services, subject to and in accordance with our Terms. This license is for the sole purpose of enabling you to use our Services, in the manner permitted by our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.
USER TRANSACTIONAL CONTENT
We define User Transactional Content ( "UTC" ) as all information generated by interactions through the platform and all content submitted by the users. This information has two categories of content.
The information produced during interactions between people, organizations, and communities, through GESHER is defined as User Interactional Content ( "UIC" ). Such content is not considered personal data because it is information generated from an interaction between a person and another person, community or organization, that is, it does not belong to a person, but to the process.
The Service may include News, Blog Posts, Products, Events and other interactive areas or services in which “Content Creators” generate, post, send or store any content, messages, materials, data, information, text, music, sound, photos, video, graphics, code or other items or materials on or through GESHER (the " UTC"). UTC posted to GESHER is publicly available and not confidential and will become the sole property of PETRA. In consideration of your use of the Service, you hereby transfer and assign to PETRA all right, title and interest in and to the UTC you create, post, store or transmit on or through GESHER, including all intellectual property rights therein, and PETRA shall be entitled to the unrestricted use, dissemination and other exploitation of such UTC for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You are solely responsible for the UTC you post and for your use of such Interactive Areas.
You agree not to post, upload to, transmit, distribute, store, create, or otherwise publish through GESHER any of the following:
- UTC that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- UTC that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law,
- UTC that infringes any patent, trademark, trade secret, copyright or other intellectual or proprietary rights of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content
- UTC that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Unsolicited promotions, political campaigning, advertising or solicitations;
- Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers;
- Viruses, corrupted data or other harmful, disruptive or destructive files; and
- UTC that violates the Rules of Conduct or that, in the sole judgment of PETRA, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose PETRA or its users to any harm or liability of any type.
PETRA takes no responsibility and assumes no liability for any UTC posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is PETRA liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk. As a provider of interactive services, PETRA is not liable for any statements, representations, or UTC provided by its users in any public forum, personal home page or other Interactive Area. Although PETRA has no obligation to screen, edit or monitor any of the UTC posted in any Interactive Area, PETRA reserves the right and has absolute discretion, to remove, screen or edit any UTC posted or stored on the Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any UTC you post or store on the Site at your sole cost and expense. Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site.
You represent and warrant that (a) you own and control all of the rights to the UTC that you post or you otherwise have the right to post such UTC to the Site; (b) the UTC is accurate and not misleading, and (c) use and posting of the UTC you supply does not violate these Terms of Use and will not violate any rights of or cause injury to any person or entity. You shall be solely liable for all royalties, fees, damages and any other monies resulting from any infringement of such right or any other harm resulting from any UTC you provide.
MONITORING
You understand and agree that when you interact with other Identities within GESHER, PETRA may, but is not obligated to, monitor all such interactions, including those that are designated as "private." You acknowledge that you have no expectation of privacy with respect to any such interactions, and you expressly consent to such monitoring.
LINKS AND HYPERLINKS
GESHER and/or the Service may contain links to Platforms operated by other parties. PETRA provides these links to you as a convenience, or other users might be posting these links as user-provided Content. Use of these links and the external websites are at your own risk. The linked sites are not under the control of PETRA, and PETRA is not responsible for the content available on the other sites. Such links do not imply endorsement by PETRA of information or material on any other site, and PETRA disclaims all liability with regard to your access to and use of such linked websites.
You are granted a limited, non-exclusive right to create a text hyperlink to GESHER for non-commercial purposes, provided such link does not portray PETRA or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a PETRA logo or other proprietary graphic of PETRA to link to this Platform without the express written permission of PETRA. Further, you may not use, frame or utilize framing techniques to enclose any PETRA or GESHER trademark, logo or other proprietary information, including the images found at GESHER, the content of any text or the layout/design of any page or form contained on a page on GESHER without PETRA's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of PETRA or any third party.
UPDATES AND MODIFICATIONS
PETRA reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this Agreement as the Properties evolve; provided, however, that material changes to this Agreement will not be applied retroactively. Such changes will be effective with or without prior notice to you. You can review the most current version of this Agreement by clicking on the “Terms of Use” link located at the bottom of GESHER. You are responsible for checking this Agreement periodically for changes. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in agreement or compliance with this Agreement, you must terminate this Agreement and immediately stop using the Properties. Your continued use of any of the Properties following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. Please note that PETRA may also revise other policies, including the Privacy Policy, at any time, and the new versions will be available on GESHER. If at any time you do not agree with any portion of the then-current version of a particular PETRA policy, including but not limited to this Agreement, you must immediately stop using the Properties.
FEES
PETRA IS COMMITTED NOT TO CHARGE ANY FEES FOR THE ACCESS TO THE TOOLS AVAILABLE TO PEOPLE IN THE PLATFORM.
CHARGES RELATED TO PERSONAL ACCESS TO GESHER ARE NOT RECOGNIZED BY PETRA, AND THEREFORE ARE NOT PETRA’S RESPONSIBILITY.
INTERRUPTION OF USE/SERVICE
PETRA reserves the right to interrupt the Use/Service from time to time on a regularly scheduled basis or otherwise with or without prior notice in order to perform maintenance. You agree that PETRA will not be liable for any interruption of the Use/Service, delay or failure to perform resulting from any causes whatsoever.
You acknowledge that the Use/Service may be interrupted for reasons beyond the control of PETRA, and PETRA cannot guarantee that you will be able to access the Service or your Identity whenever you may wish to do so. PETRA shall not be liable for any interruption of the Use/Service, delay or failure to perform resulting from any causes whatsoever.
PETRA has the right at any time to change and/or eliminate any aspect(s) of the use of the Service as it sees fit in its sole discretion.
PETRA is not be obligated to refund all or any portion of any Identity fee (if any), by reason of any interruption of the Use/Service by reason of any of the circumstances described in paragraph (a) or (b).
IDENTITY TERMINATION
PETRA MAY SUSPEND, TERMINATE, MODIFY, BLOCK ACCESS TO OR DELETE THE SERVICE OR ANY IDENTITY AT ANY TIME WITH OR WITHOUT NOTICE.
PETRA may at its option issue warnings and temporary suspensions and permanent terminations of Identities for user violations. PETRA retains the sole discretion as to when and how to impose warnings, penalties, and/or disciplinary actions. PETRA considers the severity of the violation and the number of infractions in making the determination; however, any determination shall be under the absolute discretion of PETRA. Notwithstanding the foregoing, PETRA always retains the right to terminate or suspend a User’s Identity at any time for any reason, or for no reason, with or without any warnings and with or without notice.
For the avoidance of doubt, you hereby acknowledge that PETRA has sole discretion with respect to termination of your Identity, even if there are credits remaining on your Identity. If you feel you or your Identity has been unfairly warned or disciplined please contact PETRA with a full detailed explanation using our Contact Form.
You have the right to terminate or cancel your Identity at any time by delivering notice to PETRA. You understand and agree that the cancellation of your GesherID is your sole right and remedy with respect to any dispute, including, but not limited to, any related to, or arising out of: (i) any term of this Agreement or PETRA's enforcement or application of this Agreement; (ii) the User Contents; (iii) your ability to access and/or use the Service or GESHER; or (iv) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.
In the event your Identity is terminated or canceled for any reason, no refund will be granted or credited to you or converted to cash or another form of reimbursement, and you will have no further access to your Identity.
INDEMNIFICATION
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS PETRA FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, DAMAGES, LOSSES, LIABILITIES, AND COSTS (INCLUDING ATTORNEYS’ FEES) THAT DIRECTLY OR INDIRECTLY ARISE OR RESULT FROM YOUR USE OR MISUSE OF THE PROPERTIES, OR ANY VIOLATION BY YOU OF ANY OF THE PROVISIONS OF THIS AGREEMENT, OR THE PRIVACY POLICY. PETRA reserves the right, at its own expense and in its sole and absolute discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with PETRA in asserting any available defenses.
WARRANTY DISCLAIMER
You expressly understand and agree that:
The use/service, GESHER and all materials contained therein are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied to the extent permitted by law. our goods come with guarantees that cannot be excluded under the Canadian consumer law. Canadian customers are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. Canadian customers are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. PETRA and its officers, employees, agents, partners, and licensors disclaim all other warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the use/service, GESHER, including all information, content, and materials contained therein. PETRA does not represent or warrant that the use/service, GESHER, or the materials contained therein are accurate, complete, reliable, available, current, or error-free. PETRA also does not represent or warrant that GESHER or its servers are free of viruses or other harmful components.
PETRA and its officers, employees, agents, partners, and licensors make no warranty that (i) the service will meet your requirements; (ii) GESHER will be uninterrupted, timely, secure, or error-free; or (iii) any errors in the software will be corrected.
While PETRA attempts to make your access and use of the service safe, PETRA cannot and does not represent or warrant that the service or its server(s) are free of viruses or other harmful components; therefore, you should use industry-recognized software to detect and disinfect viruses from any download. Any material downloaded or otherwise obtained through the use of GESHER is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
A small percentage of users may experience epileptic seizures when exposed to certain light patterns or backgrounds on a computer screen or while using GESHER or the service. Certain conditions may induce previously undetected epileptic symptoms even in users who have no history of prior seizures or epilepsy. If you, or anyone in your family, have an epileptic condition, consult your physician prior to using the service. Immediately discontinue use of the service and consult your physician if you experience any of the following symptoms while using the service: dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions.
Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by PETRA.
LIMITATION OF LIABILITY
Under no circumstances, and under no legal theory, whether in contract, tort (including negligence), strict liability or otherwise, shall PETRA be liable to you or any other person for any indirect, incidental, consequential, special, exemplary, or punitive damages of any kind (including, without limitation, damages for loss of business, loss of data, loss of goodwill, or lost profits), or any damages for gross negligence of any kind (including, without limitation, damages for the work stoppage, computer failure or malfunction, or any other commercial damages or losses) arising from your use or misuse of the properties, even if PETRA knew or should have known of the possibility of such damages. in no event shall PETRA be liable for any damages in excess of any amount you have paid to PETRA for platform-related transactions, if any, during the six (6) months immediately prior to the time your cause of action arose.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of PETRA shall be limited to the fullest extent permitted by applicable law.
CLOSING
This Agreement represents the complete agreement between you and PETRA concerning GESHER, and the subject matter of the Agreement, and supersedes any prior or contemporaneous agreements between you and PETRA; provided however that this Agreement shall coexist with, and shall not supersede, the Privacy Policy.
YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF USE AGREEMENT AND AGREE THAT YOUR USE OF ANY OF THE PROPERTIES IS AN ACKNOWLEDGMENT OF YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
