Neema Terms of Service and Privacy Policy

Neema Shefa Israel, Ltd. (“Neema”) provides a website (the “Site”) and a service for transferring funds through the Neema mobile application (the “Application”, and together with the Site and Application, the “Service”). These Terms of Service and privacy policy (“Terms”) detail how Neema collects, uses and stores information and data that it receives through the Service. Please read these Terms carefully. These Terms are a legal agreement that govern your use of the Service. You must accept these Terms prior to using the Service. By downloading or using the Service, you signify your assent to these Terms. Changes may be made to these Terms from time to time. Your continued use of the Service after the changes will be deemed acceptance to amended or updated Terms. If you do not agree to any of these Terms, please do not use the Service.

License

Subject to the terms and conditions hereof, Neema hereby grants you a limited, revocable, non-exclusive, non-transferable, non-sublicenseable, license to use the Application and Service as set forth in these Terms. Neema may modify the Service at any time in its sole discretion, and has no obligation to maintain or support the Service or provide updates in respect thereof.

Registration

You must register with Neema in order to receive the Service. All information that you provide at registration must be correct and accurate. Inaccurate information raises the risk of transaction disputes. You agree to indemnify Neema from any costs from disputes due to your failure to provide correct or accurate information. We may also ask for additional information at our discretion to help verify your identity. You authorize Neema to retrieve additional information about you from third parties and other identification services. Any determination of whether you are eligible to use the Service or open a Neema account shall be at the sole discretion of Neema. Neema may periodically request further information to determine whether you continue to meet eligibility requirements for a Neema account. If you are a resident or citizen of certain jurisdictions, Neema may in its sole discretion impose additional requirements on you as necessary or recommended to comply with regulatory, tax or other requirements of such jurisdictions. You should not reveal your account information to anyone else. You agree to immediately notify Neema of any unauthorized use of your account or password. You are fully and solely responsible for all activity on your account, even if such activities were not committed by you. Neema 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 Neema harmless for any improper or illegal use of your account, and any charges and taxes incurred, unless you have notified us that your account has been compromised, and have requested us to block access to it.

Termination of Account

You agree that Neema may for any reason, in its sole discretion and without notice, terminate your account, and remove from the Service any content associated with your account. Grounds for such termination may include (i) extended periods of inactivity, (ii) violation of the letter or spirit of these Terms, (iii) fraudulent, harassing or abusive behavior, or (iv) behavior that is harmful to other users, third parties, or the business interests of Neema.

If Neema believes, in its sole discretion, that a violation of these Terms or any illegal or inappropriate behavior has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior on the Service. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity, content and behavior of anyone believed to have violated these Terms or to have engaged in illegal behavior on the Service. You may request termination of your Neema account at any time and for any reason by sending an email to support@getneema.com. Any suspension, termination, or cancellation shall not affect your obligations to Neema and its licensors under these Terms (including but not limited to ownership, indemnification, and limitation of liability), which by their sense and context are intended to survive such suspension, termination, or cancellation.

Representations

By using Neema, you represent and warrant that: (a) you are at least eighteen (18) years of age; (b) you have the right, power, and ability to enter into and perform under these Terms; (c) all information in your Neema account will be accurate and correct, (d) all information you submit regarding a transfer will be accurate and correct and will represent a bona-fide transaction, and (e) you and all transactions initiated by you will comply with all applicable laws, rules, and regulations.
By using Neema you further represent and warrant that you are not a “Foreign Public Figure” as defined in the Israeli Anti-Money Laundering Order. This includes any foreign resident holding a senior public position, and including a family member of such person, corporation under such person’s control or a business partner of such person.

Transactions

You are responsible for providing accurate information in respect of any transaction or transfer. Neema shall have no responsibility or liability for the failure of any transaction or the transfer of any funds to an incorrect recipient to the extent the foregoing results from incorrect or inaccurate information you have provided.

Restrictions

Except as set forth expressly herein, you shall not, and shall not permit any third party, to (a) reverse engineer or attempt to find the underlying code of the Application, (b) modify the Service or insert any code or product, or manipulate the Service in any way, (c) circumvent any security or access control features of the Service, or (d) sublicense your rights hereunder or provide the Service to any third party or permit any third party to use or benefit from the Service via a rental, lease, timesharing, service bureau or other arrangement. To the extent any of the restrictions set forth in this Section are not enforceable under applicable law, you shall inform Neema in writing in each instance prior to engaging in the applicable activity.

Compliance with Law

Applicable law requires that Neema impose certain limitations on the amount of funds that can be deposited in one’s account on the Service, transferred through the Service (whether monthly or in each transfer), the identity of any recipient of funds and the location to which any funds may be transferred. Neema may update such restrictions and limitations at any time in its sole discretion. In addition to transfers expressly prohibited by Neema, you shall not make any transfer of funds that violates applicable law and you shall ensure that all identifying information provided to Neema in order to effect a transfer shall be correct and true. You shall indemnify Neema in respect of any breach of this provision by you. In addition, by way of example only, you will not use Neema in connection with the purchase or sale of drugs, tobacco products, pornography, obscene or sexually oriented materials, alcohol, gambling or the sale of weapons. You represent and warrant that neither you nor any recipient of funds is located in a country that is subject to a U.S. Government or U.N. security council embargo, or that has been designated by the U.S. Government (or any other government) as a "terrorist supporting" country, and that neither you nor any recipient of funds is listed on any U.S. Government list (or the list of any other government) of prohibited or restricted parties. Neema reserves the right to not authorize or settle any transaction you submit which it believes is in violation of these Terms or applicable law, or exposes you, other Neema users, our processors or Neema to harm, including but not limited to fraud and other criminal acts. You hereby grant Neema authorization to share information with law enforcement about you, your transactions, or your Neema account if Neema reasonably suspects that your Neema account has been used for an unauthorized, illegal, or criminal purposes or any transfer violates these Terms or applicable law.

Intellectual Property

As between you and Neema, all right, title and interest in and to the Service and related documentation and all enhancements, derivatives, bug fixes or improvements to the foregoing shall at all times remain with Neema or its licensors, subject only to the express license granted hereunder. Neema grants no rights in or to the Service except as expressly set forth herein. Neema does not request your feedback regarding the Service. Notwithstanding the foregoing, if you provide Neema with any feedback regarding the Service, Neema shall not be subject to any non-disclosure or non-use obligations in respect of such feedback, and may use such feedback in any manner it deems appropriate, including for commercial purposes and as part of its products and services.

Fees

In consideration for the performance of the Service, Neema will charge you an amount as Neema may notify you from time to time (the "Fee"). Neema may change the Fee at any time by providing you with prior written notice. Unless stated otherwise, the Fee does not include applicable taxes, government charges, transfer charges or any other amounts charged by the applicable authorities or financial institutions, which will be collected by Neema as applicable. You are responsible for any penalties or fines imposed on Neema by any authorities or financial institution as a result of your activities.

Disclaimer of Warranties

The Service is provided "As-Is". Neema expressly disclaims all implied and statutory warranties in respect of the Service, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose or non-infringement. Neema does not guarantee the Service will be operable at all times or during any down time (1) caused by outages to any public Internet backbones, networks or servers, (2) caused by any failures of your equipment, systems or local access services, or (3) for previously scheduled maintenance.

Indemnification

You shall defend, indemnify and hold harmless Neema (and its affiliates, officers, directors and employees) from and against any and all damages, costs, losses, liabilities or expenses (including court costs and attorneys' fees) which Neema may suffer or incur in connection with any claim, demand, action or other proceeding by any third party arising from or relating to any breach of your obligations, representations or warranties in these Terms. Neema may be represented in any such suit by counsel of its own choosing at its own expense.

Limitation of Liability

To the maximum extent permitted under applicable law, in no event shall Neema, its directors, officers, employees, agents or shareholders, be liable to you or any third party for any incidental, consequential, indirect, special or punitive damages, including loss of profits, loss of data or loss of business opportunities, arising out of or relating to the Service. In no event shall Neema's liability to you exceed the aggregate payments actually received from you by Neema in the 12 months preceding the applicable claim.

Privacy

Information We Collect

As used in this privacy policy, “Personal Information” means information that can be directly associated with a specific person or entity such as a name, address, telephone number, or e-mail address. In order to use the Service, you will be required to provide certain registration information as well as other additional information that Neema may request from time to time as set forth in the Terms, including your name, email address, address, cell-phone number, identification document (driver’s license, passport or other form of ID), photograph, gender and date of birth. When you sign up under the career section of our Site, you may provide us with your contact information as well as submitting your curriculum vitae. When you use the Service, we may collect information regarding the cash amounts you deposit and you transfer. It is your decision whether you should provide us with any specific data or information, but Neema may not be able to provide the Service, nor review your application if you do not provide all requested information.

Neema also collects information when you make use of the Service or submit your curriculum vitae on the Site, including but not limited to details regarding all transactions and transfers made by you. The Service may also record certain technical information automatically, such as your IP address, system of your mobile device or computer, geo-location, operating system and browser.

How We Use Information

We will not share any Personal Information you provide with third parties without your explicit permission, except when required by law, regulation, subpoena or court order or as otherwise expressly set forth herein. We may use Personal Information and other information internally – for example, to help diagnose problems with our servers, to improve our algorithms, and to make the Service more useful for you and for our other customers. We may share Personal Information with our affiliates.

We share your name, email address, address, cell-phone number, identification documents (driver’s license, passport or other form of ID), photograph, gender and date of birth with our third party partner which issues the Neema card which you will use.

If you use the Services by logging in through “Facebook Connect” or another social network, we may also receive personal information about you which is provided by such social network. Please check the policies of such social network in order to understand what information we receive. By connecting via Facebook you grant us permission to show your Facebook friends and contacts that you are using the Neema Service and offer them to connect with you by such means.

By analyzing all information we receive, including Personal Information, we may compile statistical information across a variety of users (“Statistical Information”). Statistical Information helps understand trends and customer needs so that new services can be considered and so the Service and associated services can be tailored to customer desires. Statistical Information is anonymous and we will not link Statistical Information to any Personal Information. We may share such Statistical Information with our partners, without restriction, on commercial terms that we can determine in our sole discretion.

How we Protect Information

We follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.

We will delete any Personal Information provided to us by a user upon the receipt of a written request by such user. We cannot restore information once it has been deleted.

Third Party Sites and Services

We are not responsible for the use of any data by third parties, and we cannot vouch for the privacy policies of any third party. The Service may link to or use web sites or services belonging to third parties. We have no control over third-party sites or services, and all use of third-party sites or services is at your own risk. We cannot accept responsibility for the privacy policies of any such sites. We are not responsible for content available by means of such sites or services. We do not endorse any services or offered by third parties and we urge our users to exercise caution in using third-party sites or services.

Children

We do not knowingly collect Personal Information from children under the age of 13. In the event you become aware that an individual under the age of 13 has enrolled without parental permission, please advise us immediately.

Communications

We may send you emails or other messages about us or our products and services. By accepting these Terms or using the Service, you affirmatively consent to receive such commercial messages. As a registered member, you can remove your personal information from our mailing list and stop receiving future communication from us by following the unsubscribe link located at the bottom of each communication or by emailing us at support@getneema.com. You will also be given the opportunity to unsubscribe from commercial messages in any such email or other message we send. Please note that we reserve the right to send you service related communications, including service announcements and administrative messages, relating either to your account or to your transactions on the Service, without offering you the opportunity to opt out of receiving them unless you cancel your account.

Other Uses or Transfer of Your Information

We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or behavior of any user suspected to have engaged in or connected to illegal behavior. We may disclose information or Personal Information in order to protect our legal interests or the interests of our users.

We may use subcontractors that are located in countries other than your own, and send them information we receive. For example, we may send your information to the United States. All our subcontractors will be subject to non-disclosure and non-use obligations. Nevertheless, some countries may have levels of protection of personal and other information which are not as high as in your country of residence or business.

We may transfer our databases containing information if we sell our business or part of it.

Changes

We may update this privacy policy and these Terms from time to time, and we encourage you to review it periodically. We will prominently post notifications regarding material changes to this privacy policy and/or these Terms on the Service.

Term

The term of these Terms shall commence as of the date that you install the Application or commence use of the Service, and shall continue unless terminated by either party pursuant to these Terms. Neema may terminate these Terms at any time if you have breached any provision of these Terms or for any reason upon 10 days written notice. You may terminate these Terms at any time by ceasing all use of the Service. Upon any termination or expiration of these Terms, you will cease all use of the Service. All such sections of these Terms that by their intention are meant to survive termination shall survive any expiration or termination of these Terms.

Miscellaneous

These Terms represent the entire agreement between the parties regarding the subject matter hereof and supersede any and all other agreements or understandings between the parties, whether written or oral, regarding the subject matter hereof. Neema and you shall be deemed independent contractors, and nothing herein shall be deemed to create any employer-employee relationship between the parties or authorize you to make any representations, warranties or contractual obligation on behalf of Neema. These Terms may not be modified or amended except in a writing executed by both parties. A waiver of any default hereunder of any provision of these Terms shall not be deemed to be a continuing waiver or a waiver of any other default or of any other term or condition, but shall apply solely to the instance to which such waiver is directed. The rights and obligations of the parties to this Agreement shall not be governed by the United Nations Convention on the International Sale of Goods. You may not assign any rights or obligations under these Terms; any attempted assignment shall be null and void. Neema may assign its rights or obligations hereunder to any third party that purchases all or substantially all of Neema assets or share capital, or that succeeds to Neema's business in respect of the Service. If any part of these Terms shall be invalid or unenforceable, such part shall be interpreted to give the maximum force possible to such terms as possible under applicable law, and such invalidity or unenforceability shall not affect the validity or enforceability of any other part or provision of these Terms which shall remain in full force and effect. Neema may communicate with its users electronically and on-line and, as such, you consent to receive all communications and notices electronically from Neema (including through the Application) or to an email address or social media account that you have provided to Neema. All such communications or notifications shall be considered as having been provided in writing.

Disputes

These Terms shall be governed by the law of the State of Israel exclusive of its choice of law rules. Your conduct may also be subject to other local, state, and national laws. Any action to be brought in connection with these Terms or the Services shall be brought exclusively in the courts in Tel Aviv/Jaffa and you irrevocably consent to their jurisdiction. In any action to enforce these Terms, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action against Neema must be brought within one (1) year of the date such cause of action arose.

Comments and Questions

If you have any comments or questions about our privacy policy, please contact us at support@getneema.com

Last updated: January 2017