Term of uses
(non -binding translation. In case of discrepancies between the Hebrew version and the English version, the Hebrew version shall prevail)
1.3 The site is managed and operated by Neot Midbar Eilat (jointly hereinafter: “Neot Midbar Eilat”).
1.5 The user terms apply to use of the site and its contents via any computer or other communication device (such as a cell-phone, smartphone, tablet etc.), whether through the Internet or any other network or media.
1.7 Any reference to part of the site relates to each specific part of the site’s content, including any page within the site or part thereof, or to any object, attribute, option, application or other part of the site, in its prevailing format.
- The site’s contents and the information displayed on it
2.1 The entire site including all the information appearing on it and the software on which it is founded are being offered to users “as is”.
2.2 While Neot Midbar Eilat strives to ensure that the information included on the site shall be accurate and up to date, some content may be incomplete and/or contain technical or other errors, including in its software components. Neot Midbar Eilat shall not reimburse any expense and/or loss incurred or sustained by users as a result of errors and/or inaccuracies in the information as aforesaid.
2.3 The user is aware of and agrees, that access to parts of the site may be conditional and/or influenced by the installation of hardware and software components in his computer, including certain browsers and plug-ins for those browsers. It shall be the user’s responsibility to identify and install at his expense any software component required in order to use the site. Neot Midbar Eilat shall not be responsible for these software components, for any defect in them or for any fault or discrepancy in content presentation resulting from the software components, their installation or non-installation. Without derogating from the generality of the foregoing, access to the site and the contents and their presentation may vary according to the hardware features, operating system and software installed in the user’s computer and to their definitions. Neot Midbar Eilat does not undertake that the contents shall be presented fully and/or identically and/or correctly on different computers.
2.4 Neot Midbar Eilat clarifies that the information presented on the site does not constitute a recommendation, opinion, advice and/or offer to purchase a product and/or unit in any project or to provide a service and any reliance upon the information shown on the site shall be at the user’s sole risk and Neot Midbar Eilat shall not bear responsibility for the user’s reliance upon the information and/or for the degree to which the information accords with the user’s use and/or needs. Neot Midbar Eilat disclaims all responsibility for certain contents originating with third parties and does not guarantee their accuracy.
2.6 Prices of services where shown on the site are minimal prices (“starting from -“) for the service in question and do not necessarily include any addition, accessory, or supplemental service, which may be connected to them. Neot Midbar Eilat reserves its right to update or correct the prices.
2.7 Any specifications, pictures and/or images of services are for information purposes only; they are not necessarily identical to the situation at site. It is clarified that if there is an agreement or a signed order signed by Neot Midbar Eilat it shall be binding on the parties to that agreement and\or order.
2.8 Should an inconsistency and/or discrepancy be found between the content of the site and the information contained in Neot Midbar Eilat formal documents, the information contained in Neot Midbar Eilat formal documents or in the sale agreement between the parties, should one exist, shall be regarded as correct.
2.9 Neot Midbar Eilat may limit access to the site or parts thereof to various types of users and/or to its customers and/or to some of them and/or restrict access to them to users who have registered on the site or who shall confirm their consent to certain special conditions.
3.1 The entire site and the information appearing on it, including its content (and also, without derogating from the generality of the foregoing, its design, software applications, the names and trademarks and any other detail appearing on or embodied in it), are the sole property of Neot Midbar Eilat or third parties who have permitted Neot Midbar Eilat to use them and they are legally protected, including under the laws of the State of Israel, international conventions and the laws of foreign states. Without derogating from the generality of the foregoing, the rights in any trademark of Neot Midbar Eilat shall remain in its exclusive ownership and the users may not make any use of it.
3.2 The user undertakes to act in accordance with the aforementioned laws and conventions and is prohibited from changing, distorting, copying, publicizing, distributing, broadcasting, presenting, implementing or duplicating the information, issuing a license, creating derivative works or selling or leasing any part of the information which appears on the site and/or from making use of the names and trademarks presented on the site, without Neot Midbar Eilat prior written consent.
- Links to other websites
Links to websites which are not operated by Neot Midbar Eilat may appear on the site (hereinafter: “the links”). The links are shown for the convenience of the user only, and Neot Midbar Eilat has no control over these sites and bears no responsibility for their content. The inclusion of the links on the site does not attest to support for the content of these sites or any other connection either to them or to their operators. Neot Midbar Eilat does not vouch for the propriety of the links or that these links are directed to sites which each electronic indicator purports to connect them to. Neot Midbar Eilat may in its sole discretion remove any link from and/or add new links to the site.
- The user’s obligations
6.1 The user undertakes not to carry out activities on the site which might prevent others from using or limit their use of the site, nor to use the site in an unlawful manner, including by altering or deleting information or content.
6.2 The user undertakes not to carry out any activity which constitutes falsification, impersonation, deceit or fraud.
6.3 The user undertakes not to upload, retrieve, broadcast, distribute or publish information or other content including any type of advertisement, without obtaining Neot Midbar Eilat prior express consent.
6.4 The user undertakes not to make any commercial use of information and content, nor of any part thereof, which he has taken from the site.
6.7 The user undertakes that should he have received a password, access code or authorization in order to use the site or any part thereof he shall not disclose that password or access code to any other person nor enable any other person to make use of them or the use authorization. The user shall be accountable for any use which shall be made of the site through his password, access code or authorization.
- Publication of content on the site which was uploaded by users.
7.1 Content uploaded by the site’s users is published on parts of the site which have been designated for that purpose, such as communities, discussion groups (forums) and responses (talkbacks).
7.3 The contents are not published under the auspices of Neot Midbar Eilat, they do not express Neot Midbar Eilat position or opinion and Neot Midbar Eilat gives no warranty as to their validity, credibility, accuracy or legality. Accordingly, Neot Midbar Eilat bears no responsibility for the contents which are uploaded by users, their reliability, credibility, accuracy, integrity or any detrimental consequence resulting from using or relying upon them. The users who submitted them for publication shall bear sole responsibility for the contents as aforesaid and any consequence resulting from them.
7.4 Those using the site are requested to adopt a careful and critical approach to content which is published online, including content which other users publish on the site. The user of the site must remember that the information presented on the site is no substitute for consultation with professionals where such consultation is necessary.
7.5 When sending or transferring content for publication on the site, the user shall bear full and sole responsibility for any consequence resulting from that publication. The user must make sure that the content shall be lawful. Inter alia and by way of illustration only, a user is prohibited from publishing the following content on the site (hereinafter: “infringing content”):
- Any content which the user knows to be mendacious, deceptive, falsified or which could mislead other people;
- Any content which could encourage, solicit, spur or assist another person to commit an unlawful act;
- Any content which defames any person, infringes his privacy, tarnishes his good name or compromises his trade secrets;
- Any content which is vexatious, insulting, hostile, threatening or vulgar;
- Any content of a pornographic or sexual nature;
- Any content concerning minors which identifies them, discloses their personal details, their address and the ways to contact them;
- Any content which personally identifies other people, without them having consented to their identity being published;
- Any content which is racist or encourages racism or wrongful discrimination on the basis of race, origin, skin color, denomination, nationalism, religion, sex, sexual orientation, illness, physical or mental disability, faith, political outlook or socio-economic status;
- Any content which damages or infringes the proprietary rights of others – including copyright and trademarks.
- Marketing or advertising content under the user’s auspices which is designed to advance his interests or a person acting on his behalf;
- Any computer software, computer code or application which carries a virus, spyware, etc., or hostile features such as a Trojan horse, worms, vandals, malicious applications , adware, and the like;
- Passwords, user names and other details, which facilitate the use of computer software, digital files, websites or services which require registration or payment, without payment or registration;
- Any content of a commercial/advertising character, the publication of which was not approved by Neot Midbar Eilat in advance;
- Any content access to which is blocked (through a password, etc.), is not available to all Internet users or is conditional upon payment or registration;
- Any content which may entail legal liability and/or constitute grounds for suing or the civil liability of its publisher and/or any other person;
- Any content which is contrary to the accepted Internet use rules or which could cause damage or harm Internet users in general and those using the site in particular;
- Any material which is or could be detrimental to Neot Midbar Eilat.
7.6 Whenever it shall see fit in its sole discretion to do so, either on its own initiative or at the request of another person, Neot Midbar Eilat may refuse to publish, or may delete altogether, any content which a user submitted for publication, on the grounds that it constitutes infringing content, or that it could harm the services being provided by Neot Midbar Eilat, its users, Neot Midbar Eilat or anyone acting on its behalf, or that the content is at variance with the character of the site and its objectives. These provisions supplement Neot Midbar Eilat statutory rights. Neot Midbar Eilat may likewise remove any infringing content as aforesaid and/or block access to it. It is clarified that Neot Midbar Eilat is not obliged to take any action in order to identify and/or filter infringing material.
7.7 The user grants Neot Midbar Eilat a non-exclusive right to use, free of charge and for an unlimited period of time, any content which he chose to upload onto the site, and he relinquishes any claim or demand against Neot Midbar Eilat and any pecuniary or other right against it, with regard to any use which Neot Midbar Eilat shall make of content which he uploaded onto the site.
- Special conditions for Neot Midbar Eilat customers who have been registered to use designated parts of the site
8.1 The site may include and/or may include in the future, parts and/or features, which are designated for the use of Neot Midbar Eilat customers, who have purchased a dwelling unit from it, and which shall give such customers access to relevant information and/or features, subject to Neot Midbar Eilat sole discretion (hereinafter: “the customers’ site”).
- Limitation of liability
9.1 The user shall use the site at his own risk and Neot Midbar Eilat shall not bear any responsibility or liability for any error, mistake or oversight in the site’s contents. Neot Midbar Eilat shall not be contractually or tortiously liable for any direct, indirect, resultant or collateral damage caused by access to and use of the site or by any denial of such access and use. Neot Midbar Eilat shall not be responsible for any damage, including damage caused by a virus, hostile elements known as Trojan horses, worms, vandals, malicious applications, spyware or various software applications, to the user’s computer equipment or to any other property of the user, and which was occurred as a result of browsing, using or downloading information from the site.
9.2 The user is aware that Neot Midbar Eilat cannot monitor all information and notices which may be uploaded and shown on the site by other users, and that it is not responsible for any material published by third parties as aforesaid.
- Miscellaneous provisions
10.1 Neot Midbar Eilat may in its sole discretion and without prior warning make changes to the site at any time, remove any part of the site or supplement it, from time to time, by updating the site, stop and start the site’s activity or deny access to the site or to parts of it to any user and the user shall not make any complaint against Neot Midbar Eilat in connection therewith. Without derogating from the generality of the aforementioned, Neot Midbar Eilat shall not be obliged to retain and may delete the information and content of the site, whether it was uploaded by Neot Midbar Eilat, users or other parties.
10.8 By using the site, the user declares and confirms that he has read these terms and conditions, understood their contents and agreed with their provisions. The user hereby discharges in advance and is precluded from making any claim and/or demand against Neot Midbar Eilat or anyone acting on its behalf with regard to the matters dealt with in these terms and conditions.