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Terms of Use – Africa Israel Residences Website


Welcome to the Africa Israel Residences website (hereinafter – the “Website”). Africa Israel Residences Ltd. (hereinafter – the “Company”) permits access to the Website subject to the terms detailed below (hereinafter – the “Terms of Use”).

Please review the Terms of Use, as your use of and activity on the Website constitute your acceptance of the Terms of Use, without limitation or qualification. The Terms of Use govern the relationship between the Company and any person who accesses and/or views and/or uses the Website or the information contained therein (hereinafter – the “User”). The use of the masculine gender is for convenience only and the Terms of Use shall be construed as referring to both men and women. 

1. General

1.1. The Website as a whole – including all information contained therein and the underlying software – is presented to the public “as is”. Although the Company intends for the information to be correct and accurate, the information may be incomplete and technical or other errors may be present in the information. The information also includes drawings, simulations and presentations, all of which are for illustration purposes only. The Company shall not be held liable for any inaccuracies or errors relating to the information and does not make any assurance that the drawings, simulations and presentations shown on the Website will fully reflect the final results. The Company hereby clarifies that the information contained on the Website is solely for general, informational and descriptive purposes and does not constitute a commitment and/or recommendation and/or opinion and/or offer to purchase any product or provide any service, and therefore the User is aware and agrees that any reliance on drawings, illustrations, presentations, statements, opinions, advice or other information presented on the Website is at the User's sole discretion and responsibility. Certain information may have been obtained from external sources and/or relies on third parties for its implementation, and therefore the Company neither assumes responsibility for nor guarantees the accuracy of such information.
1.2. Drawings, simulations, presentations, designs or illustrations of apartments and/or residential structures and/or their surrounding areas, and so forth, as described or presented on the Website, including any pictures or simulations, are for illustration purposes only, unless otherwise stated. In the event that an inconsistency and/or contradiction arises between the information that appears on the Website and the information found in the Company’s official documents, including the sales contracts for the Company’s apartments, the information found in the official documents, including the sales contracts for the Company’s apartments, held in the Company's offices will prevail.
1.3. The Company may, at its sole discretion and without providing advance notice, periodically alter the Terms of Use and/or the structure and/or content and/or appearance of the Website and/or the information contained thereon, the scope and availability of the offered services, and every aspect of the Website and its operation. The current version of the Website shall prevail at all times, unless otherwise stated.
1.4. Use of the Website is strictly prohibited in the event that such usage is related to one of the following objectives and/or acts: (a) editing and/or uploading text and/or images that are protected by copyright, and using them without the appropriate authorizations, and using materials that violate the intellectual property rights of any kind of third parties (including patents, trademarks, trade secrets, advertising rights, etc.); (b) giving evidence or providing a basis for a criminal/civil offense; (c) libel and/or defamation; (d) distributing obscene discriminatory, violent, offensive, pornographic, racist and/or other materials that interfere with the right to privacy, or any material that establishes grounds for a lawsuit or violates the provisions of any law, including the Defamation Law 1965 and the Protection of Privacy Law 1981; (e) breach of third party rights conferred on him by law and/or agreement; (f) carrying out / taking actions that are prohibited and/or prevented under the agreement and/or the law; (g) breaching confidentiality and/or publishing information given under a fiduciary relationship; (h) the distribution of materials that constitute direct mail prohibited by law and/or are not in line with the law and/or harassing materials of any kind for which their addressees have not provided explicit informed consent to receive them; (i) The distribution of materials that may cause damage or injury or loss to any third party.

2. Intellectual Property

2.1. All intellectual property rights connected to the Website in any way whatsoever (either registered rights or rights that have not yet been registered), including the presentation and design of the Website, its databases (including lists of services, description of services, etc.), coding, programs, applications, files, graphics and so forth, source code, texts and/or other material contained in and/or linked to the Website and its operation, are the exclusive property of the Company and the use of all such rights is at the sole discretion of the Company. On the question of intellectual property rights related to the services published on the Website on behalf of advertisers and/or third parties that permitted the Company to publish information and/or these rights, the information and rights are the exclusive property of the advertisers and/or third parties (as applicable) and are not to be used in any way without the express written consent of the Company.
2.2. Do not copy, reproduce, distribute, sell, market, or translate any information from the Website (including trademarks, images, text and source code) publicly or disclose the information and/or any part thereof to a third party without obtaining the Company’s prior consent, given expressly and in writing.
2.3. Do not alter, publish, transmit, transfer, sell, distribute or make commercial use of any information and/or any part thereof, except with the prior written consent of the Company. For the avoidance of doubt, it is hereby clarified that the Company is not responsible for any infringement or violation of any intellectual property rights whatsoever.
2.4. Do not display the Website within a frame, visible or invisible, or utilize “deep linking” to link to any specific page on the website other than the homepage [unless special authorization has been granted for a requested service]. 
2.5. Do not view the Website via a design or graphic interface different from the one designed by the Company without obtaining the Company’s prior consent, given expressly and in writing.

3. Trademarks, Brands

The Company's trademarks and all other symbols registered in the name of the Company, whether followed by the ® symbol or not, are the proprietary trademarks of the Company, the use of which is exclusively reserved to the Company. The User will not take any action that may prejudice the proprietary rights of the Company’s trademarks or brands.

4. Links

The Website may contain links to other websites that are not operated by the Company. These links are intended solely for your convenience; the Company has no control over these websites and is in no way responsible for the contents thereof. The inclusion of links to other websites does not imply the endorsement of the content of these websites nor any other connection to these websites or their operators. The Company does not guarantee the working order of the links, or that these links are given correctly. The Company may, in its sole discretion, remove any link from and/or add more links to the Website.

5. The User’s Undertakings

 The User’s use of the Website and activity on the Website indicate the User's consent and undertaking to act or refrain from acting, as follows:
5.1. The User agrees to all the Terms of Use detailed above and below;
5.2. The User undertakes not to upload, retrieve, transmit, distribute or publish any information or other material that may restrict or prevent others from using the Website;
5.3. The User undertakes not to upload, retrieve, transmit, distribute or publish any information or other material prohibited for publication or use because it is deemed threatening, insulting, libelous, defamatory, racist, pornographic or otherwise vulgar material;
5.4. The User undertakes not to upload, retrieve, transmit, distribute or publish any information or other material that might encourage, solicit, or abet the commission of an act prohibited by legislation or that might give rise to legal liability;
5.5. The User undertakes not to upload, retrieve, transmit, distribute or publish any information or other material that may violate another party’s intellectual property rights, including intellectual property rights, privacy rights and/or any other proprietary rights;
5.6. The User undertakes not to upload, retrieve, transmit, distribute or publish any information or other material containing a virus or other software that might sabotage computer systems;
5.7. The User undertakes not to upload, retrieve, transmit, distribute or publish any information or other material containing advertising of any kind without obtaining the express permission of the Company in advance;
5.8. The User undertakes not to use the information for any commercial purpose;
5.9. The User is aware of the limitations of the Internet in terms of data security and releases the Company from any liability in this regard;
5.10The User undertakes not to use the Website in any manner that does not comply with any law and/or that is not mutually agreed upon or constitutes forging, changing, or deleting data;
5.11. The User agrees to indemnify and hold harmless the Company for any damage, direct or indirect, and/or any expense incurred to the Company regarding a claim and/or demand arising from the Terms of Use and/or use of the Website.
5.12. The User agrees that, without prejudice to any other right of the Company, in cases in which the Company is concerned that the User's use of the Website is inconsistent with the Terms of Use and/or any law, the Company shall be entitled to monitor the User’s use of the Website, prevent the User from accessing the Website, or provide the User’s patterns of behavior on the Website to third parties who are able to prove, to the Company’s satisfaction, that they have been injured by the User's infringements, as well as any other action the Company deems appropriate in order to protect its property and/or rights.

6. Liability

6.1. The User declares that he is aware that the Company is taking all customary precautions to maintain the confidentiality and security of information found on the Website to the greatest extent possible, but that, due to the nature of the Internet and network/computer malfunctions, faults may occur that are not under the control of the Company and/or arise from force majeure, and the Company and/or its owners and/or its managers and/or its employees and/or its representatives and/or their representatives shall not be liable for any damages of any kind, direct or indirect, caused to the User and/or anyone acting on his behalf due to any use of the Website.
6.2. The Company and/or its owners and/or its managers and/or its employees and/or its representatives and/or their representatives shall not be liable in any way, for any damages of any kind, direct, indirect, consequential, incidental, special, or other, incurred by or caused to the User and/or any third party due to use of the Website, including loss of income and/or loss of profit caused for any reason.
6.3. Company records concerning activities carried out through the Website shall constitute conclusive evidence regarding the correctness of activities.
6.4. The Company makes no undertaking that the Website will be operation without interruption and without malfunctions and that it will be impervious to damage, delays, malfunctions or failures which originate from, inter alia, the hardware or software of the Company and / or its representatives, or failures resulting from communications channels, communications media, communications equipment, or any other communication limitation, and the User shall have no claim and/or suit and/or demand against the Company and/or its owners and/or its managers and/or its employees and/or its representatives and/or their representatives on this issue.
6.5. For the avoidance of doubt, it is hereby clarified that the Company will not be charged in any circumstances by oral statements, explanations, representations and interpretations made by its employees and/or any other party acting on its behalf, and neither will it be bound by those included in the press, marketing brochures, and/or any other publicity or illustrative medium, but only according to those explicitly stated in the Terms of Use.
6.6. The User agrees that, without prejudice to any other right of the Company, in cases in which the Company is concerned that the User's use of the Website is inconsistent with the Terms of Use and/or any law, the Company shall be entitled to monitor the User’s use of the Website, prevent the User from accessing the Website, or provide the User’s patterns of behavior on the Website to third parties who are able to prove, to the Company’s satisfaction, that they have been injured by the User's infringements, as well as any other action the Company deems appropriate in order to protect its property and/or rights, and the User shall have no claim and/or suit and/or demand against the Company and/or its owners and/or its managers and/or its employees and/or its representatives and/or their representatives regarding its actions as stated above.
6.7. The User is aware and agrees that all images, simulations, and drawings displayed on the Website are presented solely for illustrative purposes, and only the specifications found in the Company’s official documents and the sales contracts for the apartments will be considered binding.
6.8. The Company and/or its owners and/or its managers and/or its employees and/or its representatives and/or their representatives shall not be held liable in relation to the server, through which the Website operates, including any viruses on other elements present on the server that may damage the User’s personal computer, and the User shall have no claim and/or suit and/or demand against the Company and/or its owners and/or its managers and/or its employees and/or its representatives and/or their representatives regarding the aforementioned damage.
6.9. The Company bears no responsibility for any illegal activity conducted, to whatever extent, by any User of the Website and/or any party not under the control of the Company.

7. Protection of Privacy, Confidentiality of User Details

7.1. The Company will make every effort, using all available means, to maintain the confidentiality of user details and prevent unauthorized parties from accessing such details. However, because the Company is carrying out activities in an online environment, the Company is unable to guarantee absolute protection from its computers being compromised and/or the divulgence of information stored on such computers. If, despite the security measures taken by the Company, any third party is able to access and/or misuse information relating to users on the Website, the User shall have no claim and/or demand against the Company and/or its owners and/or its managers and/or its employees and/or its representatives and/or their representatives regarding the aforementioned matter.
7.2. The Company will not transfer user details to a third party (insofar as this information is personally identifiable), with the exception of the following cases, and the User hereby consents to the transfer of the stated information in the event of the following cases:
7.2.1. If the transfer of information is required to fulfill the Company’s obligations as detailed in the Terms of Use.
7.2.2. If the User has performed an act and/or made an omission that has damaged and/or may damage and/or cause harm to the Company and/or any third parties, including Users. 
7.2.3. If the User has used the services of the Website to commit an illegal act and/or to enable, aid, abet, and/or encourage the commission of such an act.
7.2.4. If the User has violated the Terms of Use of the Website and/or any additional agreement with the Company and/or its representatives.
7.2.5. If the Company has received a court order instructing it to transfer the User’s details to a third party.
7.2.6. If any dispute, claim, demand, or legal proceedings arise between the User and the Company.
7.2.7. If the Company merges or arranges its activities and/or the operation of the Website through another corporation, the Company shall be entitled to provide such a corporation with a copy of the information that has been collected about the users of the Website, provided that the Corporation will take upon itself the provisions of the Terms of Use in their entirety.
7.2.8. The Company is entitled to use the personal details of the User, as were entered into a contact form, and any information stored about the User while using the Website, for the production and analysis of statistical information. The Company may provide statistics and other information to third parties, provided that the data do not refer to any individual user or identify the User personally, and the User shall have no claim and/or demand against the Company and/or its owners and/or its managers and/or its employees and/or its representatives and/or their representatives regarding the aforementioned matter.
7.2.9. The Company may utilize user information for database management and/or the implementation of direct mail services and/or the mailing of promotional materials in accordance with the law. The User grants the Company his explicit informed consent to the above activities and to receiving direct mail, subject to his right under the law to request the removal of his details from the direct mailing list.
7.2.10. Browsing the Website and making use of the services contained therein constitutes the User’s agreement to the Company carrying out computerized monitoring of the use of services through "cookies" and/or similar means. The Company may use any information from the Website for the purpose of controlling and/or monitoring and/or developing and/or maintaining the quality, standard, and good working order of its services and/or in order to comply with all laws and/or its own requirements, including the services and surveys of the web portal.
7.2.11. The Company strictly complies with all applicable laws, including the provisions of the Privacy Protection Law 5741 - 1981. The Company is committed to protecting the privacy of the User in all activities related to the Website, including his name and address and/or any other information about him, and all information regarding the User’s use of the Website, except information and data published by the User himself, such as his name alongside specific content uploaded by him, and in accordance with the Terms of Use on the Website.

8. Miscellaneous

8.1. The Company reserves the right to refuse access to the Website or any part thereof by any user at its sole discretion and without prior notice.
8.2. The Company may assign its rights under the Terms of Use to any third party as it deems fit, without any obligation to publish such an assignment on the Website.
8.3. The User agrees that transferring information to or from the Website does not create any connection to and/or relationship with the Company beyond those specified in the Terms of
Use.
8.4. The activities of the Website and any legal issue regarding the use of the Website, including the validity and interpretation of the Terms of Use shall be subject solely to Israeli law and exclusive jurisdiction over any dispute relating to the Website and the use thereof shall be subject to the competent courts of Tel Aviv.
8.5. If it is determined by an authority and/or a competent court that any part of the Terms of Use is invalid or unenforceable, then such provisions as are invalid or unenforceable shall be deemed superseded by valid and enforceable provisions, the contents of which shall closely reflect the intention of the original provisions, and the other provisions of the Terms of Use shall remain in effect.