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Website Policies

Website Policies -  Kardan Real Estate Company
 
Welcome to the Website  http://www.kardan-nadlan.co.il (Hereinafter: "The Website") of the Kardan Real Estate Company (Hereinafter:   “The Company").
Access to the Website and use thereof is subject to terms detailed below (Hereinafter: “The Terms of Use”). Please ensure to peruse the terms of use on our Website since your mere access, use and activity constitute consent by conduct on your part to the terms of use unlimitedly and/or without reservation. It is clarified that the terms of use regulate the relations between the Company and any person using and/or surfing and/or viewing and/or making use by any other manner of the Website or information contained therein (Hereinafter: "The User”). All the provisions in the terms of use in masculine singular form is solely for convenience purposes and refers to men and women alike.

 

1. General -


1. The Website in general - includes all the information appearing therein and the software footing the basis thereof is offered to the public As Is and solely for illustration purposes. The Company does its best to update the information on the Website so that it is correct and accurate, however it is possible that the information is incomplete or not updated and alternatively, may contain technical or other errors. The Company is not liable for inaccuracies and/or lack of updates and/or errors and/or omissions in relation to the information. The Company hereby clarifies that the information contained in the Website is for general, informative and theoretical purposes only and does not constitute an undertaking and/or recommendation and/or opinion and/or offer to purchase any product or to render any service, and therefore the User is aware and agrees to the fact that any reliance upon the data, declarations, expression of positions, advice or any other information presented on the Website is pursuant to the User’s sole discretion and liability. It is possible that some of the sources of information and content on the Website is from third parties and/or applications dependent on third parties, it is clear that the Company is not liable for such information and the Company does not guarantee the degree of accuracy of this information.

2. Drawings, specifications, design or appearance of products described or displayed on the Website including but not limited to any photograph or image of a product included on the Website are solely for illustrative purposes unless stated to the contrary. In the event an incompatibility and/or conflict between the information on the Website and the information that exists in the Company's official documents including but not limited to information remitted by the Company’s employees, whether in writing or verbally is discovered, the information found in the Company’s offices, in its official documents or that remitted by the Company's employees who are competent and authorized to do so will be considered the correct information.

3. The information on this Website may contain predictions, estimations and other information relating to the Company or future events and matters where the extent of them being realized is uncertain and is not solely within the Company’s control (Hereinafter: “Forward-Looking Information”). The primary facts and data that served as the basis to this information are facts and data relating to the Company’s current situation and business, facts and data relating to the current fields of activity in which the Company operates in its fields of activity and macro-economic facts and data and other, all as the Company knows of on the date the terms of use were written for the Website. It is clear that forward looking information does not constitute fact and is based solely on the Company’s subjective assessments. Forward looking information by its very nature is subject to the fact that such information may not be realized and is uncertain, cannot be assessed in advance and for the most part, is not within the Company’s control. The Company does not undertake to update or change such a prediction or assessment to reflect events or circumstances to apply after the date the information is published on the Website and does not undertake to update this Website.

4. The Company may, pursuant to its sole discretion and without any advance notice, change from time to time the terms of sue of the Website and any aspect in connection with the Website and the operation thereof. The version appearing on the Website is the effective version at any time unless expressly determined otherwise.

 

2. Intellectual Property And Copyrights
All the intellectual property rights of any type and kind, including but not limited to copyrights, trade marks, brands, patents, commercial secrets, designs, on the Website and content including but not limited to the manner it is displayed and designed on the Website, drawings, charts, illustrations, pictures, maps, software, applications, graphic and other files, texts and/or any other material contained therein and/or in connection with the Website and the operation thereof (Hereinafter “Information”) and whether concerning registered rights or rights not yet registered, is the Company’s sole property and use of any such rights is permitted by the Company exclusively. Such information is the Company’s property or that of third parties who permitted the Company to publish the information subject matter of the copyrights on the Website. The User is prohibited from making any use including but not limited to making changes, copying, publishing, disseminating, transmitting, exhibiting, executing, duplicating, issuing a license, creating derivative works or selling any part of the information on the Website without the Company's written and explicit consent to be given in advance. The User acknowledges the copyrights that exist in respect of the information appearing on the Website and undertakes not to make any commercial use of the information or any use contrary to the provisions in the international copyrights and conventions laws.

 

3. Trade Marks, Brands –
The Company’s logo and any other registered mark of the Company and/or any of the companies in the Group, whether stated alongside the mark or not, are registered trademarks and therefore the Company’s property, or brands owned by the Company, where use thereof is permitted solely to the Company. All other marks found on the Website are trade marks, or property brands of their proprietors, accordingly. No action will be taken likely to infringe property rights over trade marks or brans.

 

4. Links
The Website is likely to include links to Websites that are not operated by the Company. These links are solely for your convenience. It is clarified that the Company has no control over these Websites and it does not bear any liability for content appearing on those Websites. Including links to other Websites does not attest to supporting the content of these Websites or any other connection to these Websites or to their operators. The Company is not liable and/or does not undertake that the links function properly or the fact that these links are directed at Websites that any electronic pointer purports to link to them. The Company may, of its sole discretion, and without any advance notice remove any link from the Website and/or add additional links.\

 

5. The User’s Obligations -
The User undertakes to make use of the Company’s Website in good faith and in accordance with the provisions in the specified terms of use. Without derogating from the above, use will be made subject to the law and in accordance with the Company’s guidelines and/or on its behalf and the User hereby declares and undertakes upon entering the Website that it will avoid hurting the Company and/or third parties through the use of the Website. Merely entering and using the Website and the User’s activity attests to the User consenting and undertaking to act or to avoid acting as follows:

 

1. The User agrees by him accessing the Company’s Website to all of the provisions in the terms of use above and below;

2. The User undertakes not to upload, pull, transmit, distribute or publish information or other material likely to restrict or avoid others using the Website;

3. The User undertakes not to upload, pull, transmit, distribute or publish information or other material that is prohibited from publishing or using due to it constituting a threat, harm, insult, slander, libel, racist, pornography or other vulgar expression;

4. The User undertakes not to upload, pull, transmit, distribute or publish information or other material likely to infringe another’s property rights, including but not limited to intellectual property rights, privacy protection rights and/or any other property right;

5. The User undertakes not to upload, pull, transmit, distribute or publish information or other material containing a commercial of any type without express authorization to be given in advance from the Company;

6. The User undertakes not to upload, pull, transmit, distribute or publish information or other material likely to encourage, solicit, motivate or assist another to commit an act prohibited by law or likely to give rise to legal accountability;

7. The User undertakes not to upload, pull, transmit, distribute or publish information or other material containing a virus or other software likely to damage the computer systems;

8. The User undertakes not to make any commercial use of the information;

9. The User is aware of the internet network restriction in respect of information security over the net and releases the Company of any liability in this respect;

10. The User undertakes not to make use of the Website in a manner that does not coincide with the law and/or that is not agreed or constitutes forgery, modification or deletion of information;

11. The User agrees to indemnify and compensate the Company for any damage, direct or indirect and/or any expense the Company sustains in connection with a claim and/or demand deriving from the terms of use and/or use of the Website.

12. The User agrees, that without prejudicing any other right of the Company, in cases where the Company fears that the use made by the User of the Website does not comply with the provisions in the terms of use and/or any law, the Company may track the User’s use of the Website, prevent the User from accessing the Website or transfer the User of the Website’s behavioral patterns to third parties which will prove, to the Company’s satisfaction, that they are hurt by the User’s infringing activity and any other action that the Company deems correct to take to protect its property and/or its rights.

 

6. Liability-

1. The User declares that he is aware of the fact that the Company takes acceptable precautionary measures available to it to safeguard, insofar as possible secrecy and information security on the Website, however in light of the nature of the internet system and malfunctions in respect of networks and computers, it is possible that there are malfunctions that are not within the Company’s control and/or derive from a force majeure and this being the case, the User agrees and confirms that the Company, including but not limited to its representatives, employees, managers, shareholders and those acting on its behalf will not be liable for any damage (direct and/or indirect) the User and/or a third party sustains in connection with use made by the User, whether directly or indirectly, of information and/or the User’s reliance thereupon.

2. The use of the Website is the User’s sole responsibility.

3. The Company does not bear any liability or responsibility for any obstruction, error or omission of the Website content. The Company will not be liable for any damage, direct, indirect or incidental due to accessing the Website, and use thereof or due to refraining from accessing or using the Website, whether due to contractual grounds or tort grounds. The Company is not liable for any damage, including but not limited to “viruses” or software applications of the various types, the User’s computer equipment or for any other property belonging to the User, sustained due to accessing, surfing or use of the Website, including due to downloading information from the Website.

4. For the sake of removing any doubt it is clarified that the Company and/or information providers on its behalf including but not limited to its employees and/or representatives and/or anyone acting on its behalf will not be and are not liable in any manner to adapting the Website, including but not limited to the information to the User’s needs and/or purposes.

5. The Company cannot monitor all the information and notices that are uploaded, if upload to the Website by other Users. The provisions in this section are in addition to any statement referencing the Company’s liability in connection with the terms of use and this section does not intend on replacing additional statements in respect of the Company's liability in specific contexts such as liability for links, liability for privacy protection, liability for unauthorized action by Users or any other context and all as detailed in the terms of use and all of their various sections and/or wording on the Website itself.

6. The Company does not undertake that the Website be available at all times and that the Website’s operation and/or completeness will not be interrupted and/or will operate without downtime and/or without errors, faults, bugs or failures. Likewise, the Company will not be liable toward the User for incompatibilities regarding the nature, quality and scope of information (including but not limited to the manner it is remitted) for a loss, or direct, indirect, consequential damage the User or a third party sustains in connection with such interruptions and/or in connection with certain services on the Website being stopped for any reason.

7. The Company will not bear any liability for exposing details remitted by the User to the Website in the event of unlawful hacking into the Website’s computer systems.

8. The Company is not liable for any illegal actions taken, insofar as taken by a User of the Website and/or by any entity that the Company has no control over.

9. The User is aware and agrees to the fact that all the photographs, images and drawings displayed on the Website are solely for illustrative purposes and only that specified in the Company’s official documents and in the sale of apartments agreements will be considered as binding representations upon the Company.

 

7. Protecting Privacy, Non-Disclosure Of The User’s Details And Databases-

1. The Company undertakes to do its utmost to keep the User of the Website details secret and to avoid them reaching foreign entities. Likewise, the Company undertakes not to remit the User’s personal details other than according to the privacy and to the exclusion of equipment and/or services suppliers of the Company in connection with operating the Website. Nonetheless and since concerned with an online environment it cannot guarantee absolute immunity against its computers being hacked and/or against the information stored by it being exposed. If, notwithstanding the security measures taken by the Company a third party succeeds in hacking the information concerning the User, then the User will not have any allegation, claim and/or demand against the Company and/or any of its owners and/or managers and/or employees and/or anyone on its behalf in respect of the above.

2. Notwithstanding the provisions above it is hereby clarified that the Company will cooperate with any enforcement authority and will comply with any judicial order instructing the Company to disclose the User’s identity who prima facie acted contrary to the law or in breach of another’s rights.

3.The Company may use details remitted by the User of the Website for the purpose of analysis and remitting statistical information or other to third parties provided that such information does not identify the User personally by name.

4. A User who remits details in the “Contact Us” box on the Website gives his consent to be included in the database managed by the Company in accordance with the Privacy Protection Law, 1981 - 5741.  The Company may use these details according to the privacy policy appearing on the Website including but not limited to updates and various messages, information regarding services and special offers and/or direct mailing services and/or mailing of ads pursuant to the law. The User gives the Company its express informed consent to execute the aforementioned actions and to send mail directly to him subject to his legal rights and to request to be removed from the direct mailing list.

5. The User agrees that subject to the law, the Company may restrict or block the information (all or some) from the User, temporarily or permanently, in the event the User uses information contrary to the requirements of the law and/or contrary to the provisions in the terms of use or for any other reasonable reason. The Company may remit the User’s personal details to the competent authorities or third parties in the event and pursuant to its discretion the circumstances necessitate it to do so.

 

8. Miscellaneous-

1. The Company reserves its right to remove and/or change and/or correct and/or add any part of the information found on the Website by updating the Website from time to time. A User will not have any allegation against the Company in respect of changes made to the information on the Website.

2. The Company reserves its right to refuse to grant access to this Website or any part hereof to any User pursuant to its sole discretion and without any advance notice.

3. The Company reserves its right to correct, add or change these terms of use, from time to time. Any change made to the terms of use will come into effect immediately upon being published on the Website within the framework of the terms of use.

4. The Company may assign its rights pursuant to these terms of use to any third party as it deems fit and without any obligation on the Company’s part to publish such an assignment.

5. The User agrees that sending information messages to the Website or from it do not create any relations between him and the Company or relations between the User and the Company exceeding that detailed in the terms of use.

6. The activity on this Website and any legal grounds deriving from the use of the Website, including but not limited to the validity and interpretation of the terms of use will be governed by the Israeli law only, and exclusive jurisdiction to entertain any dispute concerning this Website is granted to the competent courts in Tel Aviv.

7. In the event it is determined by an Authority and/or competent instance that any given part of the terms of use is invalid or unenforceable, then those sections will be considered as replaced with valid and enforceable sections where the content thereof as closely as possible resembles the intention of the original sections and the rest of the terms of use sections will remain in effect.