Journey Terms of Service - Consultants

IMPORTANT: BY USING THE SERVICES (DEFINED BELOW) YOU ACCEPT THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH HEREIN PLEASE DO NOT USE THE SERVICES.

ARBITRATION NOTICE. THESE TERMS CONTAIN AN ARBITRATION CLAUSE FOR CONSULTANTS FROM THE USA IN SECTION 16 BELOW. EXCEPT FOR CERTAIN TYPES OF DISPUTES, AS EXPLAINED IN SECTION 16, CONSULTANTS FROM THE USA AND THE COMPANY AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING INDIVIDUAL ARBITRATION, AND SUCH CONSULTANTS AND THE COMPANY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

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1. Acceptance of Terms

The following agreement consists of the terms and conditions governing your, a consultant using the Journey platform ("you" or "Consultant") in order to provide services to customers (“Customer”), access to and use of Journey Platform Ltd.’s  ("Company" or "We") proprietary system known as “Fastforward” and the content, features and services therein (collectively, the "Services"). These JOURNEY TERMS OF USE together with the Journey Privacy Policy available at: https://thejourneyplatform.com/journey-privacy-policy (the "Terms") constitute a binding agreement between you and Company, and by continuing to use the Services (in whole or in part) in any way or manner you agree to abide by, and be bound, by these Terms. If you do not understand and/or agree to these Terms, you should immediately cease making any use of the Services.

We may unilaterally change or add to the terms of these Terms at any time. In the event of a material change, We shall notify you via email or by means of a prominent notice on the Services. You should check our Services periodically and review changes to the terms. By continuing to use the Services following such modifications, you agree to be bound by such modifications. If you are not comfortable with all of the provisions of these Terms, please do not use the Services.

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2. License

Subject to the terms and conditions set forth herein, including without limitation payment of all applicable fees, Company hereby grants to you, and you accept, a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited license to access and use the Services in order to provide consultation and professional services to Customers, only according to the terms of these Terms. The license shall be granted until terminated in accordance with the terms hereof.

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3. Limitations on Use

Except as specifically permitted herein, you agree not to (i) sell, license (or sub-license), lease, assign, transfer, pledge, or share your account and/or any of your rights under these Terms with/to any third party; (ii) transfer, distribute, scrap, copy all or any part of the Services and/or the Company IPR (as defined below); (iii) make use of the Services in any jurisdiction where same are illegal or which would subject Company or its affiliates to any registration requirement within such jurisdiction or country; (iv) use, or encourage, promote, facilitate or instruct others to use the Services for any illegal use; (v) transmit or upload any viruses, spyware or other harmful, infringing, illegal, disruptive or destructive content, messages or files; (vi) access the Services through or use with the Services any unauthorized means, services or tools including without limitation any data mining, robots, or any other automated means or data gathering and extraction tools, including without limitation in order to extract for re-utilization of any parts of this Services; (vii) perform any act that destabilizes, interrupts or encumbers the Services or their servers or use automatic means, robots or crawlers, that enable sending more request messages to the servers of the Services, in a given period of time, than a human can reasonably send in that time period by using the Services; (viii) copy, modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), make any attempt to discover the source code of the Services and/or any other software available on the Services or create derivative works thereof; (ix) penetrate or circumvent or attempt to penetrate or circumvent any technical restrictions or limitations included in the Services or their servers; (x) distribute, upload, transmit, submit, publish, send, or facilitate the sending of inappropriate, inaccurate, misleading, pornographic, fraudulent, libelous, defamatory, offensive, threatening, vulgar, obscene, abusive or otherwise illegal content or content which infringes Intellectual Property Rights (as defined below) of third parties or their right for privacy or publicity; (xi) publish, send, or facilitate the sending of any unsolicited mass messages, promotions, advertisements, or solicitations (like spam), including commercial advertising and informational announcements; (xiv) provide services to any Customer when under a conflict of interest without informing Company in advance written notice and receiving Company’s written approval; and/or (xiii) impersonate any third party or provide any incorrect or misleading information. You are solely responsible for obtaining, paying for, repairing and maintaining all the equipment, software, hardware and services (e.g. internet provider) required for getting access to and using the Services.

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4. Services to Customers

We will assist you to find Customers on the Services. However, Company merely provides the platform on which you can find and provide services to Customers and Company is not a party to any engagement between you and the Customers. Company shall not have any liability or responsibility for the any services or deliverables provided by you or for any of your or the Customers’ acts or omissions. You hereby acknowledge that Company may terminate your engagement with any Customer upon notice, at its sole discretion.

Consultant undertakes in connection with its services herein, to: (i) comply with all applicable laws; (ii) adhere to high professional standards; (iii) reflect positively at all times on Company and its goodwill.

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Consultant undertakes to provide Company with monthly reports detailing its work and relationship with the Customers and shall ensure full transparency with Company regarding all matters related to the services provided to Customers. Consultant undertakes to inform Company immediately of any incident or negative feedback from Customers. Consultant shall provide Company with summaries of all meetings with Customers.

Upon termination or expiration of these Terms or any SOW (defined below), you shall transfer all outstanding assignments and deliverables and a detailed summary of all completed work to the Company or any other consultant designated by Company.

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5. Confidentiality

Consultant may have access to certain non-public or proprietary information or materials of Company or Customers whether in tangible or intangible form ("Confidential Information"). Without derogating from the foregoing, the terms of the Agreement and the SOWs and all information regarding the Customers or the services provided to Customers shall be deemed as Confidential Information. Consultant may use the Confidential Information solely for the purpose of providing services to the Customers. Consultant shall not disclose or make available the Confidential Information to any third party, except to its employees and consultants that have a need-to-know such information and that are bound by obligations at least as protective as provided herein. Consultant shall protect the Confidential Information using measures at least as protective as those taken to protect its own confidential information of like nature (but in no event less than a reasonable level of care). Consultant will promptly notify Company in writing in the event of any actual or suspected unauthorized use or disclosure of any Confidential Information.

6. Ownership of Proprietary Rights

       

        6a. Consultant IPR.

You shall retain ownership of general templates provided by you and used by you in the deliverables or services provided to Customers.‍

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        6b. Company IPR.

The Services, including without limitation any underlying data, software, platforms, algorithms, technology, design, UI, any information, services and features, Feedback (defined below) and any modifications, enhancements and derivatives thereof and all Intellectual Property Rights related thereto ("Company IPR") are the exclusive property of Company and/or its licensors who retain all right, title and interest in connection therewith.

No transfer or grant of any rights by Company is made or is to be implied by any provision of these Terms or by any other provision contained in the Services with respect to the Company IPR or otherwise, except for the limited license set forth in Section 2 above.

We appreciate hearing from our Consultants and welcome your comments regarding the Services. Notwithstanding anything to the contrary herein, please be advised, however, that if you send us ideas, suggestions, inventions, or materials regarding the Services ("Feedback"), we shall: (i) own all right, title and interest in and to the Feedback without any restriction; (ii) not be subject to any obligation of confidentiality; and (iii) be entitled to unrestricted use of the Feedback for any purpose whatsoever, without compensation or credit to you or any other person.

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"Intellectual Property Rights" means worldwide, whether registered or not (a) rights associated with works of authorship, designs, mask works and photography including copyrights; (b) trademarks, service marks, domain names, logos, trade names, trade dress, the right to publicity and goodwill rights; (c) patents, patent applications and industrial designs; (d) trade secrets; (e) rights analogous to those set forth herein and any other proprietary rights relating to intangible property; (f) divisions, continuations, renewals, reissues and extensions of the foregoing (as applicable) now existing or hereafter filed, issued, or acquired.

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7. Your Content and Use of the Services

  1. Your Content. You shall have sole responsibility and liability for Your Content (as defined below). Company does not provide back-up or archive services and you are solely responsible for maintaining adequate backups of Your Content. You hereby grant Company and each Customer to whom you provided services with a worldwide, perpetual, irrevocable, royalty-free license to use, copy, host, store, display, reproduce, modify, adapt, edit, translate and create derivative works of Your Content for the provision of the Services to the Customer and use of the results and deliverables of the services by the Customer.
  2. Representations and Warranties. You represent and warrant to Company that Your Content: (i) complies with and will comply with all applicable laws, rules and regulations, the Terms and will not infringe the rights of any third party, including without limitation any Intellectual Property Rights, confidentiality and the right to privacy; (ii) does not and will not contain any threatening, offensive, racist, hateful, violent, sexually explicit, obscene, libelous, defamatory, false, misleading or otherwise inappropriate content; (iii) does not and will not contain any unsolicited mass messages, promotions, advertisements, or solicitations (like spam), including commercial advertising and informational announcements; (iv) is free of viruses, trojans, time-bombs and any other malicious code; and (v) is free from any restrictions, third party rights, payment obligations and/or royalties (including without limitation to any collecting societies).
  3. "Your Content" shall mean any and all content that you provide, upload, send through or in connection with the Services.

8. Fees

  1. Fees. You shall enter into a separate written statement of work with Company for each Customer (“SOW”). Subject to your compliance with the Terms, Company shall pay you a commission out of the fees actually paid by the Customer to Company and such commission shall be as set forth in the SOW. If Company refunds any amount to the Customer, it may deduct such amount from any payments due to you or require you to refund said amount to Company.
  2. Taxes. The Fees are inclusive of all taxes, levies and charges, which taxes will be borne by you. You are responsible for reporting and paying taxes in connection with the Services, along with any related penalties or interest, as applicable. In the event that Company is required to deduct or withhold any amount from any payments made herein, Company may withhold such amount and the reduced amount shall be deemed as full payment herein.

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9. Scheduling Meetings and Associated Compensation

If a meeting needs to be rescheduled or canceled by either party, the following compensation terms apply:

    1. More than 48 Hours in Advance: If a meeting is rescheduled or canceled more than 48 hours before the scheduled time, there will be no payment for that meeting.
    2. Less than 48 Hours in Advance: If a meeting is rescheduled or canceled less than 48 hours before the scheduled time, the Partner is entitled to 50% of the agreed-upon compensation for that meeting.
    3. No-Show Policy: If the Client fails to attend a scheduled meeting without prior notice, the Partner is entitled to 100% of the agreed-upon compensation for that meeting.

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10. Your Account

Opening an account on the Services does not mean that the Company approves Consultant for providing services to Customers. Company’s approval of Consultant as an approved consultant shall be made separately in writing.  

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You are solely responsible for all actions performed in the Services under your user name and password. Keeping your password safe is your sole responsibility. If you have any reasons to suspect that your password was discovered by any third party or that there was an unauthorized access to your account you will immediately notify Company and modify your login information.

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In the event that you grant permission to any person to access the Services under your account, you represent and warrant that (i) such individual shall be authorized to act on your behalf, (ii) you shall be financially and legally responsible for said individual’s acts and omissions, including, if applicable, entering into binding contracts on your behalf, and (iii) you shall be responsible and liable for any act and omission of any such individual, including without limitation entering into binding contracts on your behalf.

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11. Non-Solicitation

During the term of the engagement herein and for two (2) years thereafter, Consultant shall not, directly or indirectly, engage any of the Customers who were introduced to it or to whom it provided services through the Services, other than through the Services, whether by offering or providing services that compete with the consulting services provided to the Customers through the Services or offering or providing Customers with any other services even if such are not offered by Company, and shall not attempt to solicit them or to convince them to reduce the volume of their engagement with Company or to work with any third party that competes with the Company. It is hereby clarified that the foregoing shall apply after termination of the term for a period no longer than the term of engagement between the Consultant and the Company but in any event no shorter than twelve (12) months (i.e. if the Consultant worked with the Company for 6 months then this restriction shall continue to apply for 12 months following termination; if the Consultant worked with the Company for 18 months then this restriction shall continue to apply for 18 months following terminaiton).

It is hereby agreed by Consultant that breach of the foregoing restriction shall cause Company significant losses and damages and therefore, without derogating from any other remedy available to the Company by law, contract or equity, the parties agree that in the event of breach of this Section by Consultant, Consultant shall immediately pay Company liquidated damages in the amount of 100,000 USD. The foregoing shall not derogate from Company’s right to claim higher damages or seek an injunction.

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12. Privacy

Company's privacy practices are governed by Company's privacy policy, the most updated copy of which can be found at https://thejourneyplatform.com/privacy-policy/ ("Privacy Policy").

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13. Disclaimer

YOU AGREE THAT YOUR USE OF THE SERVICES AND ALL SERVICES PROVIDED BY YOU TO CUSTOMERS SHALL BE AT YOUR OWN RISK. THE SERVICES ARE BY THE COMPANY PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. COMPANY DOES NOT WARRANT THAT ANY CUSTOMER WILL BE INTERESTED IN YOUR SERVICES OR GUARANTEE ANY MINIMUM AMOUNT TO BE PAID TO YOU. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THESE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.‍

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14. Limitation of Liability

COMPANY SHALL REQUIRE CUSTOMERS TO AGREE TO TERMS OF SERVICE THAT INCLUDE A LIMITATION OF LIABILITY CLAUSE THAT LIMITS CONSULTANT’S LIABILITY. HOWEVER, CONSULTANTS LIABILITY FOR THE FOLLOWING SHALL NOT BE LIMITED: BREACH OF CONFIDENTIALITY OR DATA SECURITY, WILLFUL MISCONDUCT, CONFLICT OF INTEREST OR FRAUD AND THIRD PARTY CLAIMS ALLEGING INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.

TO THE MAXIMUM PERMITTED UNDER LAW, UNDER NO CIRCUMSTANCES WHATSOEVER WILL COMPANY AND ITS AFFILIATES AND ITS AND THEIR PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTS AND SUPPLIERS BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY, FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, ANY LOST INCOME, LOSS OF BUSINESS OR OTHER TANGIBLE OR INTANGIBLE LOSSES, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, UNDER ANY LEGAL THEORY, WHETHER CONTRACT, TORT OR OTHERWISE, EVEN IF THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. WITHOUT DEROGATING FROM THE FOREGOING, COMPANY'S AGGREGATE LIABILITY UNDER ANY LEGAL THEORY SHALL NOT EXCEED THE FEES DUE TO YOU FROM COMPANY DURING THE PRECEDING SIX (6) MONTHS PRIOR TO THE EVENT THAT GAVE RISE TO THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

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15. Indemnification

You agree to defend, indemnify and hold Company and anyone on its behalf, including but not limited to, all of its owners, managers, officers, affiliates, employees, licensors and suppliers and Consultant harmless against any losses, expenses, costs, claims, damages (including attorneys' fees, expert fees' and other costs of litigation) arising from, incurred as a result of, or in any manner related to (i) Your Content; (ii) any services provided by you to Customers; or (iii) any breach of these Terms or violation of applicable laws by you.    

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16. Termination

You may terminate the Terms at any time upon thirty (30) days’ prior written notice.

We may terminate these Terms: (i) upon thirty (30) days’ prior written notice; or (ii) or suspend your access to the Services immediately, in the event of breach or suspected breach of any of these Terms. Upon termination you shall immediately cease using the Services and pay all outstanding amounts due to be paid and the following Sections shall survive: 1,3 , 4-7 and 10-17.

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17. Binding Arbitration for the US Customers

  1. Applicability. This Section 16 applies solely to Consultants from the USA and Section 17(i) below shall apply to Consultants from other jurisdictions.
  2. Applicability of Arbitration Agreement. All claims and disputes arising out of or relating to these Terms or the use of the Services that cannot be resolved in small claims court will be resolved by binding arbitration on an individual basis ("Disputes"), except that you and the Company are not required to arbitrate any dispute for enforcement or infringement of either party's Intellectual Property Rights ("Excluded Disputes"). Any and all Disputes relating to, arising out of, or in any way in connection with your rights of privacy and publicity are not Excluded Disputes.
  3. Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association ("AAA"). If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single neutral arbitrator. Any Disputes where the total amount sought is less than $10,000 may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For Disputes where the total amount sought is $10,000 or more, the right to a hearing will be determined by the arbitral forum's rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
  4. Additional Rules for Non-appearance Arbitration. If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.
  5. Authority of the Arbitrator. The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and the Company. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum's rules, and these Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the Company.
  6. Waiver of Jury Trial. YOU AND THE COMPANY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, OTHER THAN IN RESPECT OF EXCLUDED DISPUTES. You and the Company are instead electing to have claims and disputes resolved by arbitration. In any litigation between you and the Company over whether to vacate or enforce an arbitration award, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
  7. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CONSULTANT CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CONSULTANT. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in Section 16.13 below.
  8. Confidentiality. No part of the procedures will be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of the parties, pursuant to court order, or unless required by law. Notwithstanding the foregoing, no party will be prevented from submitting to a court of law any information needed to enforce this arbitration agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
  9. Right to Waive. Any rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this arbitration agreement.
  10. Opt-out. You may opt out of this arbitration agreement. If you do so, neither you nor the Company can force the other to arbitrate. To opt out, you must notify the Company in writing no later than thirty (30) days after first becoming subject to these Terms. Your notice must include your name and address, the email address and phone number you provided through the Services when you registered or made a purchase, and an unequivocal statement that you want to opt-out of this arbitration agreement. You must send your opt-out notice to this address: [info@thejourneyplatform.com].
  11. Small Claims Court. Notwithstanding the foregoing, either you or the Company may bring an individual action in small claims court.
  12. Arbitration Agreement Survival. This arbitration agreement will survive the termination of these Terms and your relationship with the Company.
  13. Venue for Excluded Disputes. Excluded Disputes shall be governed by and construed exclusively in accordance with the laws of the State of Israel, without regard to the principles of conflict of law therein. The parties consent to the exclusive jurisdiction of the competent courts of Tel Aviv-Jaffa, Israel in respect of Excluded Disputes and hereby submit themselves to the exclusive jurisdiction of these courts.
  14. U.N. Convention. The application of the United Nations Convention of Contracts for the International Sale of Goods or other international laws is expressly excluded, whether the claim is in arbitration or at court.

18. General

(i) Except with regard to Consultants form the USA who did not opt-out pursuant to Section 16.10 above, these Terms shall be governed by and construed in accordance with the laws of the State of Israel, without regard to the principles of conflict of law therein. Except with regard to Consultants form the USA who did not opt-out pursuant to Section 16.10 above, the parties consent to the exclusive jurisdiction of the courts of Tel Aviv, Israel. The application of the United Nations Convention of Contracts for the International Sale of Goods or other international laws is expressly excluded; (ii) notwithstanding the foregoing, in the event of breach or threatened breach by of any provision of these Terms by you, Company could suffer significant and irreparable harm that could not be satisfactorily compensated in monetary terms, and that the remedies at law available to Company may otherwise be inadequate and Company shall be entitled, in addition to any other remedies to which it may be entitled to under law or in equity, to the immediate ex parte issuance, without bond, of an equitable relief, including without limitation an injunctive relief, in any jurisdiction worldwide. You hereby acknowledge and agree that Company shall not be required to post bond as a condition to obtaining or exercising any such remedies, and you hereby waive any such requirement or condition; (iii) if any provision of these Terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and if such provision is determined to be invalid or unenforceable nonetheless, the provision shall be deemed to be severable from the remainder of these Terms and shall not cause the invalidity or unenforceability of the remainder of these Terms; (iv) you acknowledge and agree that Company has the right, at any time and for any reason, to cancel, reschedule, or modify the Services; (v) Consultant enters these Terms as an independent contractor. Consultant may not enter into any agreement or provide any representation on behalf of the Company. Nothing herein shall be deemed to create any JV, partnership or employment relationship between the parties. In the event that any court or competent authority shall determine that Consultant or any of its personnel should be deemed as an employee of the Company, Consultant shall indemnify and defend the Company against such claim upon demand; (vi)  without derogating from any other written agreement you may have signed with the Company, which will apply together with these Terms, these Terms are the entire agreement between you and Company regarding the subject matter herein; (vii) Company may assign these Terms, in whole or in part, in its sole discretion. You are not entitled to assign or otherwise transfer the Terms, or any of your rights or obligations hereunder, to any third party without the prior written consent of Company. Any unauthorized assignment will be void and of no force or effect; (viii) Company's failure to enforce any rights granted hereunder or to take action against you in the event of any breach hereunder shall not be deemed a waiver by Company as to subsequent enforcement of rights or subsequent actions in the event of future breaches; (ix) all waivers must be in writing. Any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion; (x) ANY CAUSE OF ACTION INITIATED BY YOU AND ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED AND YOU SHALL BE DEEMED TO WAIVE ANY CLAIM YOU MAY HAVE IN ESPECT THEREOF.

If you have any further questions or require further clarification, please contact us by sending an e-mail to: info@thejourneyplatform.com

Last updated: May, 2021.