TERMS OF USE
Welcome to the website www.shikunbinui.co.il (hereinafter: “Website”) of Shikun & Binui Ltd. (hereinafter: “the Company”). Access and use of the Website are subject to the following terms and conditions (hereinafter: “Terms of Use”).
Please read carefully at the Terms of Use since using the Website constitutes your consent to the Terms of Use without reservation or limitation. The Terms of Use define the relationship between the Company and the individual visiting and/or watching and/or making use in any other way of the Website or the information contained herein (hereinafter: “the User”). The Terms of Use make use of the masculine pronoun for convenience sake only and relate to men and women alike.
1. The Information – General
1.1 The Website in general – including all the information that appears therein and its software are offered to the public “as is”. Indeed, the Company intends that all the information be correct and accurate and still, there is a possibility that the information is incomplete or not updated and alternatively there is a possibility that technical or other errors occurred. The Company is not held responsible for omissions, errors, and lack of updates or imprecision of the information presented. The Company hereby claims that the information contained in the Website is for general and informative purposes only and is not a recommendation and/or opinion and/or an offer to purchase/sell Company shares or any other product or providing any other service and therefore the User is aware of and agrees that any reliance on figures, declarations, opinions, advice or any other information presented in the Website is done according to the User’s discretion and under his sole responsibility. There is a possibility that part of the information originates in third parties; it is hereby understood that the Company is not responsible for this kind of information and the Company does not guarantee the correctness of this information. Features, specifications, design or appearance of products that are depicted or presented in the Website including any image or presentation of a product included in the Website are for demonstration purposes only unless otherwise stated. In the event of discrepancy and/or contradiction between the information in the Website and the information existing in the Company’s existing documents, including information conveyed by the Company’s employees, whether in writing or orally, the information at the Company’s offices, in its official documents or information conveyed by the Company’s authorized employees shall be deemed true.
1.2 Without derogating from the abovementioned, it is hereby clarified that in the event that some sort of financial information was provided in the Website, this information relates to the date of the financial report from it was taken and does not necessarily reflect the state of affairs as of the date of its publication and appearance in the Website. Any type of financial or business information that appears in the Website is presented for convenience sake only yet only the official information reported by the Company in the official publications of Israel Securities Authority (ISA) and Tel Aviv Stock Exchange is binding.
1.3 The information contained in this Website might include predictions, estimates, assessment and other kinds of information that relate to the Company or future events and issues whose materialization is not certain and is not under the Company’s control (forward-looking information). The main facts and figures that were used as basis for such information are facts and figures pertaining to the Company’s present situation and its business activities, facts and figures regarding the current state of affairs of the Company’s fields of activity as well as other macro-economic facts and figures in accordance with the Company’s knowledge at the time of the creation of this Website.
Naturally, forward-looking information is not a fact and it based solely on subjective assessments made by the Company. By nature, forward-looking information is not bound to materialize or occur with certainty, it is unpredictable and often not under the Company’s control. The materialization or non-materialization of forward-looking information is influenced, inter alia, by risk factors that characterize the Company’s activities as well as developments in the surrounding environment and external factors influencing the Company’s activities, factors that cannot be predicted in advance and are not under the Company’s control. The Company’s results and its actual performance may be essentially different than the ones presented in the Website. The Company does not undertake to update or change the foregoing predictions or estimates so as to reflect events or circumstances that will take effect following the publication of the information in the Website and it does not undertake to update the Website.
2. Non-Offer
Any information or opinion presented in the Website do not constitute a recommendation for an investment and do not constitute an offer or an endorsement to purchase or sell Company shares or shares of related companies. Each decision of investment should rely on professional consultation by an authorized entity only.
3. Copyright
The Website and the content contained herein including the every design, drawings, diagrams, illustrations, photographs, pictures, maps, videos, audio files, text, code, graphics and so on and so forth (hereinafter: “the Information”) are protected by the copyright laws of the state of Israel, international treaties and copyright laws in other countries. The information is the property of the Company or third parties that allowed the Company to publish the copyright information on the Website. The User must not change, edit, copy, publish, distribute, broadcast, present, make available to the public, photocopy, issue a license, create derivative works or rent, sell any part of the information contained on the Website or let or assist a third party to do so – without the explicit prior written authorization and consent of the Company. Application for authorization ought to be submitted in advance by email to info@shikunbinui.co.il The User acknowledges the existing copyrights in the Information and undertakes not to make any commercial use of the Information or use of the instructions of copyright laws and international treaties or change or alter the Information or any part thereof. User or any third party on its behalf shall not present any part of the Information by way of framing or in any other way, but by placement of a direct link to the relevant complete and original web page on the Website itself. The Company is free to block every link to the Website which – according to Company’s sole and exclusive discretion, does not meet all the aforementioned conditions.
4. Registered trademarks, Brands
The Company’s brand, as well as any other registered trademark of the Company or any one of the companies that are part of the group whether the trademark appears or not, are registered trademarks and therefore the Company’s property or Company brands and only the Company is entitled to make use of the brands and trademark. Any other trademarks found in the Website are trademarks, or proprietary brands of their owners respectively. No action to harm the rights of property on the trademarks or the brands should be take
The Company’s brand, as well as any other registered trademark of the Company or any one of the companies that are part of the group whether the trademark appears or not, are registered trademarks and therefore the Company’s property or Company brands and only the Company is entitled to make use of the brands and trademark. Any other trademarks found in the Website are trademarks, or proprietary brands of their owners respectively. No action to harm the rights of property on the trademarks or the brands should be taken.
5. Links
The Website may include links to internet websites that are not operated by the Company. These links are intended for the User’s convenience only and the Company has no control over these internet websites and it is not responsible for the content contained in these websites. The inclusion of links to other websites does not attest to support of the content of these websites or any other connection to these websites or their operators. The Company is not responsible for the proper work of the links or that the links lead to websites with the assistance of any electronic pointer to the link. The Company is entitled at its own discretion to remove any link from the Website and/or add additional links.
6. User’s Obligations
The User hereby undertakes to make use of the Website in good faith and in accordance with the instructions of these Terms of Use. Without derogating from the aforesaid, use of this website will be made according to any law and the Company’s instructions and/or its representatives and the User hereby declares and undertakes that as he enters the Website he will refrain from harming the Company and/or any other third parties by using the Website. Entering and using the Website and performing activities in the Website attest to the User’s consent and his obligation to act or refrain from acting in the following manner:
6.1 By entering the Website the User hereby agrees to all the said in the Terms of Use above and hereunder.
6.2 The User undertakes not to upload, retrieve, transmit, distribute or publish information or any other material that might limit or prevent others from using the Website.
6.3 The User undertakes not to make commercial use of the information. The right to use the information is granted to the personal and private use of the User. The information should not be used for commercial purposes or making profit and the User is not permitted to allow use to any other third parties whether for consideration or no consideration. It is hereby clarified that no use should be made in the information published in the Website for the purpose of presenting it in the internet and/or any other kind of service without receiving the Company’s consent in writing and in advance and subject to the terms of consent as said to the extent that such consent is given. The User undertakes not to store information using different kinds of software or distribute information published in the Website in public in a commercial manner or commercial venue or for any other purpose. The Website should not be presented with a different design or graphic interface than the ones set out by the Company; such presentation is subject to the Company’s consent in writing and in advance and the Website should not be presented in a manner that diminishes in any way the content contained thereof.
6.4 The User undertakes not to upload, retrieve, transmit, distribute or publish any information or other materials that may encourage, endorse, motivate or assist another person to commit unlawful acts or that might lead to legal liability.
6.5 The User undertakes not to upload, retrieve, transmit, distribute or publish information or any other material including a virus or any other software that might harm computer systems.
6.6 The User undertakes not to upload, retrieve, transmit, distribute or publish information or any other material that may breach another person’s or entity property rights including intellectual property rights, breach of privacy rights and/or any other property right.
6.7 The User undertakes not to upload, retrieve, transmit, distribute or publish information or any other material including any kind of advertisement without the Company’s explicit permission.
6.8 The User undertakes not to upload, retrieve, transmit, distribute or publish information or any other material whose publication or use is not permitted being of a threatening, harmful, insulting, libelous, defamatory, slanderous, racist or pornographic nature or any other vulgar form of expression.
6.9 The User undertakes not to make any changes and/or interfere in any manner in the source code of the Website and/or the Information and not to upload software and/or any other applications that might harm or cause damage to the Company and/or any other third parties.
6.10 The User is aware of the limitations of the internet regarding information security on the net and he exempts the Company from any responsibility regarding this matter.
6.11 The User undertakes not to make use of the Website in a manner that does not comply with any law and/or is not agreed or that constitutes forgery, change or erasure of information.
6.12 The User hereby agrees to indemnify and compensate the Company for any damage, direct or indirect and/or any other expense the Company incurs regarding a claim/demand originating from the execution of this Agreement.
6.13 The User agrees that, without prejudice to any other right of the Company, in cases in which the Company deems that the User’s use of the Website does not conform with the instructions of this Agreement and/or any other law, the Company shall have the right to track the User’s use of the Website, to prevent the User from accessing the website or transfer the User’s history of use of the Website to third parties that will prove, according to the Company’s assumption, that they are harmed by the User’s activities as well as any other activity that the Company deems appropriate to take in order to protect its property and/or rights.
7. Liability
7.1 The information and the services contained in the Website are provided “as is” and the User agrees and approves that the Company, including its representatives, employees, managers, shareholders and agents will not be held liable for any damage (direct or indirect) caused to the User and/or any other third party in relation to the use made by the User whether directly or indirectly of the information or the User’s reliance upon such information.
The User is solely responsible for using the Website. The Company does not bear any responsibility or liability in relation to any malfunction, error or omission of the Website content. The Company shall not be held responsible for any damage, direct or indirect, consequential or incidental due to access to the Website or its use or due to any hindrance from accessing or using the Website whether under contractual or tortious cause. The Company is not responsible for any damage to the User’s computer equipment or any equipment of the User, including damage caused by computer viruses or software applications caused by visiting or using the Website and including damage caused by downloading information from the Website.
7.2 It is hereby clarified that the Company and/or any other information providers on its behalf including its employees and/or representatives and/or agents will not and are not responsible in any manner to conforming the Website including the Information to the purposes and/or needs of the User.
7.3 The Company is unable to monitor any information or messages that are uploaded, to the extent that they are uploaded, to the Website by other Users. The said in this clause is added to any statements attributed to the Company’s responsibility in relation to the Terms of Use and this clause is not intended to replace additional statements regarding the Company’s responsibility in specific contexts such as responsibility regarding links, responsibility regarding protection of privacy, responsibility regarding unauthorized action made by Users or any other context herein and as specified in the different clauses of the Terms of Use and/or the text of the Website itself.
7.4 The Company does not undertake that the Website shall be available at all times and that the Website’s operation and/or completeness as will not be hindered and/or be carried out uninterruptedly and/or without malfunctions, defects, errors or faults. The Company shall not be held responsible for the abovementioned interferences as said and it shall not be held responsible for discrepancies to the User regarding the quality, nature and extent of the Information (including the method of its delivery), direct or indirect loss or direct or consequential or other damages caused to the User or any other third party in relation to the interferences mentioned above or in relation to ceasing certain services in the Website for whatever reason.
7.5 The Company shall not bear responsibility for the disclosure of details provided by the User to the Website in the event of an unauthorized breach to the Website computer systems.
8. Privacy and Information Repository
8.1 Subject to sub-clause 6.13 above and the said in clause 8 herein the Company undertakes not to provide personal details of the User excluding equipment and/or service provider of the Company in relation to the operation of the Website. Despite the abovementioned, it is hereby clarified that the Company shall cooperate with any law enforcing agency and shall follow any court order instructing the Company to disclose the identity of a User who allegedly acted in an unlawful manner or infringed rights of other persons. The Company is also entitled to make use of the details provided by the User during his visit to the Website for the purpose of analysis and delivering statistical or other information to third parties provided that the said information will not identify the User personally by name.
8.2 Users who provide their details in the “Contact” box in the Website hereby agree to be included in the information repositories managed by the Company according to the Privacy Protection Law 1981 (hereinafter: “the Law”). These repositories shall serve Shikun & Binui Company, additional companies in the group and companies related by mutual projects. Sending mail directly is subject to the User’s consent as specified in the Website itself.
8.3 The User agrees that subject to law the Company shall be entitled to limit or block the information (completely or partially) to a User, temporarily or permanently, in the event that the User made use of the information contrary to the instructions of the law and/or contrary to the instructions of the Terms of Use or for any other reasonable reason. The Company shall be entitled to provide the personal details of the User to authorized entities or third parties in the event, and at its own discretion, circumstances necessitate such action.
8.4 Management and treatment of information provided by the User shall be made according to the latest version of the Privacy Policy of the Company, which is considered as an integral part of these Terms of Use.
8.5 Company may send to the User certain files that enables the Company to identify the User and User’s computer and use this identification data for the benefit of the Company or to the benefit of its business partners.
9. Termination of Website Activities
The Company is entitled at all times to terminate the operation of the Website whether for a defined period of time or whether permanently without prior notice and without receiving the User’s consent to do so.
10. Miscellaneous
10.1 The Company reserves the right to remove, amend, add or alter any part of the information contained in the Website by updating the Website from time to time. The User shall have no claim towards the Company due to changes in the information in the Website. The Company reserves the right to refuse to grant access to this Website or any part thereof to any User according to its sole discretion and without prior notice.
10.2 The Company reserves the right to amend, add or alter these Terms of Use by updating this webpage from time to time. Every change made in the Terms of Use will take effect immediately upon its publication in the Website within the framework of the Terms of Use.
10.3 The Company is entitled to assign its rights in accordance with these Terms of Use to any third party as it sees fit and without obligation on its behalf to publish the act of assignment, as said, in the Website.
10.4 The User agrees that any communication to or from the Website do not form any attachment between himself and the Company or do not form any relationships between the User and the Company that exceed the ones specified in the Terms of Use.
10.5 The activity in this Website and any legal cause originating from the use of the Website including their validity and interpretation of the Terms of use are subject to Israeli law only and the sole jurisdiction regarding any conflict regarding this Website and its use shall be the competent courts in Tel Aviv.
10.6 In the event that any part of the Terms of Use is not enforceable or invalid then the clauses whose effectiveness was invalidated or it was decided that they were not enforceable shall be deemed to be replaced by enforceable and valid clauses whose content matches, with the utmost level of suitability, the intention of the original clauses and the remaining clauses of the Terms of Use shall remain in effect.
