PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.
1.Terminology And Interpretation
The section headings used in this agreement are solely for the convenience of the reader and shall not be given any legal import.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer and any or all agreements: “User”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “The Website”, “We” and “Us”, refers to our Company. “Party”, “Parties”, or “”Us”, refers to both the users and the website, or either the user or the website. All terms refer to the offer, acceptance, consideration or payment necessary to undertake the process of our assistance to the user in the most appropriate manner, whether by formal meetings of a fixed duration, or any means, for the express purpose of meeting the user’s needs in respect of provision of the website’s stated services/products, in accordance with and subject to prevailing domestic law as outlined below.
By using this website you are deemed to have read and agreed to the following terms and conditions.
The purpose of the website is to provide general information regarding air conditioning consulting services provided by Itshak Barrabi Consulting Engineers Airconditions LTD. The website was developed in Israel and is bound by Israeli law.
These conditions apply to the use of the contents contained on the website through a computer or any other communication device (including, but not limited to a cellular phone, PDA’s and other various end-user devices). These terms and conditions also apply to the use of the website through the internet or any network or other means of communication.
Regarding any question on the use of the site you may contact the website representatives’ email at ________________.
3. Payment for Services
The website reserves the right to decide, at any time, that all or part of the services provided on the website shall cost money. Payment for the services provided by the website shall be determined at the sole discretion of the website.
The user and the service providers shall have sole responsibility for services purchased or information provided on or via the website.
You agree that your use of this website, your reliance on any material contained in this website and any uploads, comments or any other information you may gain, use or give on this site, are at your own risk.
The website will take efforts to make the site and all the materials in it free of malicious programs and/or viruses. However, the website and all the materials in it are provided “as is” and, to the fullest extent permitted by law, are provided without warranties of any kind, either express or implied. This means, without limitation, that the website DOES NOT WARRANT that the it is fit for any particular purpose; that the functions contained in the materials of the site will be uninterrupted; that defects will be corrected; that the website is free of viruses and other harmful components or that it is accurate, error free or reliable.
You acknowledge that the Company and third party content providers, their partners and affiliates together with their respective employees, agents, directors, officers and shareholders, ARE NOT LIABLE for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your computer system or network.
You acknowledge that The Company is not liable for any defamatory, offensive or illegal conduct or material found in connection with this website, including such conduct or material transmitted by any means by any other person.
You acknowledge that The Company and third party content providers are not liable for any damages, including, without limitation, direct, incidental, special, and consequential or punitive damages, in connection with or arising from your use or from your inability to use the website.
With respect to any content provided by you and/or users or other submissions, The Company is merely a distributor of such content. The Company is not and will not be responsible for any content submitted by users or other third parties, including opinions, judgments, advice, statements, pictures, designs, trademarks, texts, services or any other kind of information. The Company shall not be liable for any loss or damage caused by any reliance upon such information obtained and/or uploaded through the website. It is solely your responsibility to evaluate the accuracy, completeness, or usefulness of any content.
5. Continuity, Availability and Reliability of Service
The Company does everything it can to ensure the credibility and accuracy of the information contained on the website, but it cannot guarantee reliability and accuracy of such information. If you discover inaccuracy in such information, please notify us about it at: ______________.
The Company may close the website and/or change it from time to time, change the content, structure, appearance and availability of services provided, without prior notice, without your consent and/or knowledge and without any liability for such changes and acts.
6. Use of this Website
After completing information upload you will be asked if you are interested in receiving offers based on said information. By agreeing to receive offers, you hereby agree for us to disclose your information to third parties and that third parties may contact you (one offer per party) with offers to purchase Air Conditioning systems based on the information you uploaded.
You and/or anyone on your behalf will not operate or allow operation of or upload any computer application or program or any other means or measures (including but not limited to Worms, Crawlers, Viruses, Trojan horses and Robots), for searching, scanning, copying or automatic retrieval of content from the website or information regarding its users. You expressly agree not to create and not to use any means to create a digest, as stated, or a collection reservoir that will contain content from the website.
You and/or anyone on your behalf acknowledge that it is strictly prohibited to make changes to or copy, distribute, transmit, display, perform, reproduce, publish, issue a license, create derivative works from or sell an item, information, software, products or services from the website.
The website may contain areas in which users may upload content of any kind (such as photographs or written content), write reviews, and communicate with each other and/or with the website (Hereinafter: “Communication Services”).
You hereby agree to use the website, as well as the Communication Services only to provide and/or receive information and material that are proper. When using the website, among other forbidden uses, you expressly agree not to upload, publish, post, or collect any material that may harm the Company in any way or infringe upon the rights of any thirds party, including but not limited to intellectual property rights, privacy rights or any libelous or slanderous material.
7. External Links
This website may contain and/or include hyperlinks, links and feeds that provide information and services, including but not limited to commercial materials, websites with other content (hereinafter: “the links”), to information resources or other resources located on other websites (hereinafter: “other sources”).
The links are provided on the website solely for your convenience and the inclusion of the links in the website does not imply any authorization and or a “seal of approval” for the content, data or information of any kind published in the links.
The Company is unable to control any of the content, data or information of any kind that is published in the links, and therefore The Company is not responsible for such content, data or information.
There is no guarantee that all links on the website will lead to active websites.
Without derogating from the above, The Company will not be held liable for any direct or indirect damage, caused to you or your property resulting from using or relying on the content, data or information from the links. The Company will not be held liable for any indirect or direct damage due to your use of or reliance on information posted on the website by any third party.
The Company tends to maintain an adequate and safe operational level of the website and services provided to the User. Please report any problems and/or offensive content and/or any breach of policy.
It is The Company’s intent to make sure that the services offered on the website do not violate copyright, trademark rights or any other rights of any third party. If you are concerned that such rights have been infringed, please send a message as soon as possible to e-mail:_______________.
The Company cannot ensure that users on the website have the rights to material, information and other content uploaded by them to the website, thus we will need your help to identify items that violate rights.
9. Site Content
The Company cannot and does not monitor or review all information existing on the website or information automatically uploaded to the website.
The website encourages freedom of expression and the existence of a fruitful dialogue on the website, with active participation of users on the site. However, in order to allow the existence of a cultural dialogue and to prevent the abuse of freedom of expression on the website, The Company reserves the right to edit and/or remove any content that infringes third party rights.
The Company may turn away users and block access to users, without any need to provide a reason or explanation, if such user content breaches any part of these terms and conditions.
The information published on the website by The Company is intended as general knowledge and should not be used as an invitation, nor relied upon, without consulting a professional prior to taking any action.
The Company may refuse to publish content that violates the above and/or may damage the website and/or any third party, and reserves the right to delete such content at any time.
The Company is not obligated to retain information uploaded to the website. The Company is not obligated to continue publishing information published on the website.
The Company recommends you be extra cautious in connection with the content published by you or by others on the website. Information on the website does not constitute professional advice, and is not to be taken as such.
As mentioned above, your use or reliance on any information, content or data that is on the website will be at your own risk.
You hereby agree not to upload, post, broadcast, advertise or distribute any content, information or other material, including but not limited to video clips, videos, messages, pictures, different types of files, hyperlinks, texts, and any other information, which:
• May limit or prevent other use of the website;
• Are or contain Spam, chain messages, standardized messages, computer code;
• Include computer code, computer program, or an application which include a computer virus, “Trojan horses”, “worms”, “vandals”, “malicious applications”, “time bombs”, Cancelbots, corrupt files, or any program which have the capacity to harm a computer or a person’s property;
• Include content which you know to be untruthful, misleading or distorted.
10. International Use of the Site
You agree that any action performed by you through this website, does not violate the laws of the territory you are using this website from.
You agree to defend, indemnify and hold harmless The Company, its partners and affiliates together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorney’s fees and costs) arising from your use of this website; your failure to use the website; your breach or alleged breach of this agreement or your breach or alleged breach of the copyright, trademark, proprietary or other rights of any third party.
The Company makes reasonable efforts under the circumstances to protect the user information and privacy. However, because of the nature of the internet, we cannot guarantee full protection for this information.
The data you provide when registering to the site will be stored in the computerized database of the website.
The Company will not sell and take the user’s personal information to third parties for marketing purposes without your explicit consent.
13. Intellectual Property Notice
All content in the website is the property of The Company. It is forbidden to copy or publish any part of any page or content without the prior written consent of The Company.
All of the designs, text, illustrations, implementation, source code and any other content and/or material contained (whether visible or hidden) in the website, are copyrighted material of The Company and/or third party content providers and/or business partners of The Company.
It is forbidden to copy, distribute, publicly display, translate or give to a third party any part of the protected material without obtaining the prior written consent of The Company.
Some of the visible material on the website is user generated. By submitting and uploading content to the website, you represent to The Company that you are the rightful owner of such content or that you have first obtained permission to submit the content from its rightful owner. Moreover: by submitting and uploading content to the website you hereby grant The Company a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat such content without having any obligation to mention User’s name on and/or in connection to such content (The “License”). The License will terminate only when the User deletes the uploaded and/or submitted content. The termination of the license will not affect any sub-license granted by The Company and/or any obligation to any third party that was made prior to the termination of the license.
The Company’s name, its logos, registered and unregistered trademarks are the exclusive property of The Company. All other logos, registered and unregistered trademarks, service marks and trade names that are on the website are the intellectual property of their respective owners. You expressly agree not to copy, download or otherwise exploit all of the aforementioned trademarks without the permission of The Company or the respective owner of such logo, trademark, service mark or trade name.
14. Notice & Takedown Procedure
The Company responds to notices of alleged infringement that comply with Intellectual Property, Copyright, Privacy and Libel laws. As part of our response, we may remove or disable access to content and/or material residing on the website that is claimed to be infringing and/or defamatory, libelous, or is an invasion of privacy or publicity rights.
When serving a Notice of Infringing Material, please define exactly what right has been infringed (such as Copyright, Defamatory or Libel, Invasion of Privacy).
The Company shall disable or remove access to any content and/or material residing on its servers, within 72 hours after it has received a Notice of Infringing Material.
The Company will attempt to contact the person who submitted the alleged infringing content and/or material.
Before serving a Notice of Infringing Material, we encourage you to contact a lawyer to better understand your rights and obligations under the applicable laws.
The following notice requirements are intended to comply with The Company’s rights and obligations under the applicable laws and do not constitute legal advice.
A Notice of Infringing Material regarding content and/or material that is residing on The Company’s servers, should include the following details:
• Your contact information (personal address, email address, telephone number etc.);
• Reasonably sufficient details to identify the content and/or material claimed to be infringed;
• Reasonably sufficient details to locate and identify the content and/or material that is claimed to be infringing (only to exemplify, a link to the material);
• Your declaration that you believe in good faith that the use of the mentioned content and/or material is not authorized.
• Your declaration, under penalty of perjury that the information you provided in the Notice of Infringing Material is correct and accurate and that you are the owner of the alleged infringed rights or you are authorized to act on behalf of the owner of the aforementioned rights.
• Your signature (electronic or physical).
Send such notice, including all the information detailed above to ___________. If any information is lacking The Company will not be able to investigate your claim and it will be your sole responsibility to complete the information in order for it to be dealt with by The Company.
15. Advertisements, Commercial and Marketing Material
The website includes commercial content such as advertisements and marketing material that are posted on behalf of various service providers, advertisers or users, who seek to offer goods or services for sale (“Marketing Material”). Marketing Material may be expressed by text, images or sounds.
The Company will not be held responsible for Marketing Material posted on the website.
The Company does not create, monitor, verify or edit the Marketing Material and/or the correctness and/or the appropriateness of such Marketing Material. The responsibility for any Marketing Material and for any consequence of user reliance on such Marketing Material. The fact that third parties are capable of posting such Marketing Material on the website does not mean that The Company recommends and/or encourages the Users to purchase the services, the goods or the services offered in such Marketing Material.
Any transaction made in relation to Marketing Material posted on the website shall be negotiated directly between the User and the relevant advertiser. The Company shall not be a party to any such transaction and it shall not be held responsible for any of the goods and/or services offered in or purchased based on such Marketing Material.
16. Questioners And Surveys
The website may include surveys and questioners to determine issues such as user experience, ease of access, general experience of users, feedback regarding third parties, service providers, and any other matter pertaining to the use of the website.
17. Signing Onto Website
You may use the website anonymously without signing in and creating an account. However, certain content and actions may only be available if you provide the website with certain personal information, such as your e-mail address, your personal address details (such as state, country, province, city, street name and number and zip code) and the like.
The Company reserves the right to immediately terminate your use of or access to this website, block your access to this website, block your IP address from access to the website, at any time if The Company decides at its sole discretion that you have breached this agreement or any relevant law, rule or regulation or you have engaged in conduct that The Company considers to be inappropriate or unacceptable and/or if The Company at its sole discretion believes that you have broken one or more of the provisions of this agreement or any other agreement between you and The Company.
This Agreement and any operating rules for the website established by The Company constitute the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior written and oral understandings and agreements between the parties with respect to such subject matter.
This agreement shall be governed solely by the laws of the State of Israel, without giving effect to any conflicts of law principles.
Any dispute which may arise between the parties, including disputes concerning the use of the website and/or concerning these terms and conditions, as well as the specific online agreements relating to certain services on the website, shall be brought before an arbitrator who is an attorney proficient in the field of electronic commerce and internet law, and whose identity shall be determined by the chairman of the Israeli Bar at the request of any of the parties.
If you believe that any material contained in this website infringes your rights, you should notify The Company of your right infringement. The Company will process notices of alleged infringement which it receives and will take appropriate action as required by law. Please send your claims about any rights infringement to this address:
_________ Ltd., customer service department, _________ St. Tel Aviv, Israel ________;
FAX number: 972- _____________.
E-mail address: ___________.