A. General
These Terms of Use (the "Terms of Use") govern your use of the website (as defined below) operated by Ciment I.S. Ltd. (the "Company").
The services offered to you, whether as an occasional visitor or a registered user of the website (collectively, the "User"), may include obtaining information about the Company, receiving personalized information regarding various services provided to you by the Company, ordering various products from the Company, and contacting the Company.
Use of the Website is subject to these Terms of Use and the Company's Privacy Policy (the "Privacy Policy"), as published on the Website, which constitutes an integral part of these Terms of Use.
Please ensure that you review these Terms of Use before each use of the Website. Your actual use of the Website constitutes your acceptance of the Terms of Use set forth below. If you do not agree to these Terms of Use, in whole or in part, you must refrain from using the Website.
The trademarks displayed on the Website are proprietary trademarks of their respective owners, as applicable, and you are not permitted to use, reproduce or copy them in any manner or form. All ownership rights, including intellectual property rights, on the Website, including the design of the applications through which it is accessed and used, and in any software, application, computer code, graphic file, text or other material included on the Website (excluding third-party content), are the exclusive property of the Company or the relevant third parties and shall remain their sole and exclusive property at all times.
The Company reserves the right to amend and update these Terms of Use. The updated Terms of Use may be viewed from time to time by clicking the relevant link on the Website. Any use of the Website shall constitute renewed acceptance of these Terms of Use.
These Terms of Use are addressed to you personally. However, if you are acting on behalf of or for a particular business, these Terms of Use shall apply to both you and such business.
If you are under the age of 18, please read these Terms of Use carefully together with your parents (or another legal guardian). If you or your parents do not agree to the Website's Terms of Use, in whole or in part, you are not permitted to use the Website for any purpose whatsoever.
In the event of any inconsistency between these Terms of Use and the information appearing on other pages of the Website, these Terms of Use shall prevail.
B. Definitions
1. Unless expressly stated otherwise, the following terms shall have the meanings assigned to them below:
1.1. "Website" – The Company's website, available at https://ciment.co.il/.
1.2. "Device" – Any computer, communication equipment (including a modem), telephone, mobile phone (including smartphones), and any other equipment, hardware or software used by you to access or use the Website, together with all related functions, including information security.
C. Use of the Website
1. You may use the content available on the Company's Website in accordance with the rules set forth below. Any other use of the Website's content is prohibited unless the Company's express prior written consent has been obtained, and subject to the terms of such consent, if granted.
2. You may use the Company's Website for private and personal purposes only. You may not copy or use, or permit others to use, any content from the Company's Website in any other manner, including on other websites, in electronic publications, printed publications or otherwise, for any purpose, whether commercial or non-commercial, other than personal and private use.
3. You may not operate or permit the operation of any computer application or other means, including robots, crawlers or similar software, for the purpose of automatically searching, scanning, copying or retrieving content from the Company's Website. This prohibition includes creating or using such means to establish compilations, collections or databases containing content from the Company's Website.
4. You may not display content from the Website within any frame, whether visible or hidden.
5. You may not display content from the Website by any means, including through any software, device, accessory or communication protocol, that alters its original design or removes any part of its content, particularly advertisements or commercial content.
6. You may not link to the Website from any website containing pornographic content, content promoting racism or unlawful discrimination, content that violates the law, content whose publication is unlawful, or content encouraging unlawful activity.
7. You may not link directly to pages or content on the Website other than its homepage ("Deep Linking"), or otherwise display or publish such content, unless the Deep Link directs users to a complete webpage on the Website, in its entirety and on an "AS IS" basis, allowing it to be viewed and used in exactly the same manner as on the Website.
In this regard, linking directly to content from the Website separately from the webpage on which it appears is prohibited. For example, you may not link directly to an image or graphic file on the Website, but only to the complete webpage on which it appears.
In addition, the exact URL of the relevant webpage must appear in its customary location in the user's interface, such as the browser's address bar. You may not modify, distort, conceal or replace that URL with any other address.
8. The Company may, at its sole discretion, instruct you to remove any Deep Link as described above. In such event, you must remove the Deep Link immediately and shall have no claim, demand or cause of action against the Company in connection therewith.
9. The Company shall not be liable for any damage arising from any link to content on the Website or from the display or publication of such content in any other manner. You shall bear full and sole responsibility for any linking, display or publication of content carried out by you and undertake to indemnify the Company for any damage resulting therefrom.
10. Embedding Videos – You may not embed videos from the Website on any other website without the Company's prior written consent, including on websites containing or hosting pornographic content, content promoting racism or unlawful discrimination, content that violates the law or whose publication is unlawful, content encouraging unlawful activity, or websites on which embedding the video would infringe the moral rights of any third party, including the video's creators and copyright holders.
The Company reserves the right to prohibit the embedding of videos or to modify video links without prior notice. You shall have no claim, demand or cause of action against the Company arising from such modifications or from any malfunctions occurring in connection therewith.
The Company may, at its sole discretion, instruct you to remove any embedded video, in which case you must remove it immediately and shall have no claim, demand or cause of action against the Company in connection therewith.
The Company shall not be liable for any damage arising from the embedding of videos from the Website. You shall bear full and sole responsibility for any embedding performed by you, including obtaining the necessary copyright permissions and making payments to the relevant copyright or performers' rights organizations in accordance with applicable law, and undertake to indemnify the Company for any damage incurred by it as a result thereof.
11. You undertake not to engage in any of the following activities, whether in whole or in part:
11.1. Impersonating any other person or legal entity using the Website.
11.2. Uploading, sending or transmitting any material containing a computer virus or other computer code designed to destroy, interfere with or restrict the use, including any use other than fair and reasonable use of the Website, of any computers, servers, hardware or software used by the Company to operate the Website.
11.3. Distributing spam or flooding the servers through which the Website operates with any other form of electronic mail.
11.4. Modifying, processing, adapting, sublicensing, translating, selling, reverse engineering, disassembling or reassembling any part of the code comprising the Website, or carrying out similar activities in relation to the hardware or software used to operate the Website.
11.5. Infringing, in any manner, copyrights, trademarks or any other proprietary rights associated with the Website.
11.6. Incorporating the Website, or any part thereof, within a frame of another website, as part of another website (mirroring), or as part of another service, without obtaining the Company's express written consent.
11.7. Using any robot, spider, information retrieval or search engine, or any other automated or manual tool designed to index, retrieve or locate information on the Website, or to expose the structure of the Website's database or code.
11.8. Otherwise interfering with or disrupting the operation of the Website, including by interfering with the operation of the servers or computer networks on which the Website operates.
11.9. Uploading or transmitting through the Website any material or message that is unlawful, immoral, offensive in any manner, or irrelevant.
11.10. Using the Website in any manner inconsistent with these Terms of Use.
11.11. Without derogating from the foregoing, the Company may, at its sole discretion, remove or edit messages uploaded by you to the Website, to the extent that such functionality is available through the Website or its Personal Area, as defined below.
11.12. You undertake not to make any unlawful use of the Website or the Device.
11.13. You undertake not to use the Website in any manner that infringes the copyrights or intellectual property rights of the Company, companies advertising their services on the Website, or any other party.
11.14. The right to use information available on the Website is granted exclusively for the User's personal and private use.
No commercial use of the information or use for profit-making purposes is permitted, and the User may not authorize third parties to use such information, whether for consideration or otherwise.
For the avoidance of doubt, information published on the Website may not be used for display on the Internet or through any other service without the Company's prior written consent and subject to these Terms of Use.
The User undertakes not to collect information using any type of software or commercially distribute information displayed on the Website, whether within a commercial framework or for any other purpose.
The Website may not be displayed using a design or graphical interface different from that established by the Company without its prior written consent. The Website may not be displayed in any manner that omits or detracts from any of its content.
D. Personal Area
1. As part of the services provided through the Website, the Company may allow certain Users to perform specific actions or obtain certain information online through a dedicated account providing access to a personal area on the Website (the "Personal Area").
Use of the Personal Area is intended for registered Users only.
If you are provided with access credentials for the Personal Area, including a username and password (the "Access Credentials"), you must maintain their strict confidentiality and refrain from disclosing them to any unauthorized third party, including by storing such information on a computer, mobile phone or any other device capable of connecting to the Internet.
The Access Credentials are intended for personal use only, and you may use only the Access Credentials assigned to you, if any.
You acknowledge and agree that any use made of your Access Credentials shall be deemed to have been made by you.
You undertake to bear responsibility for any damage arising from the use of your Access Credentials, even if such use was made by another person, and you release the Company from liability for any damage arising in connection with such use.
2. Access to the Personal Area is granted to each User in their capacity as a representative of a customer or as a customer of the Company (the "Customer").
Any use of, or action performed through, the Personal Area, including for the purpose of ordering products in accordance with Section K of these Terms of Use, shall be deemed, for all intents and purposes, to have been performed by and for the benefit of the Customer.
You and the Customer must immediately notify the Company of any suspected misuse of the User's or Customer's name or of the assigned Access Credentials.
In addition, you represent and undertake that all information provided by you through the Personal Area is complete and accurate, and acknowledge that the Company will rely on such information for the purpose of providing various services to you, in accordance with the arrangements agreed upon between you and the Company.
If such information includes personal information relating to third parties, the relevant provisions of the Privacy Policy shall apply.
E. Ownership and Intellectual Property
1. All copyrights and intellectual property rights in the Website, the services provided through it, and all content included therein (including text, graphics, software, images, photographs, videos, sounds, trademarks and commercial symbols) are owned exclusively by the Company or by third parties who have authorized the Company to use them.
You may not copy, distribute, publicly display, publicly perform, communicate to the public, modify, adapt, create derivative works from, sell or lease any part of the foregoing, whether independently or through or in cooperation with any third party, by any means, including electronic, mechanical, optical, photographic or recording means, or by any other method, without obtaining the prior written consent of the Company or the relevant rights holders, as applicable, and subject to the terms of such consent, if granted.
This provision shall also apply to any adaptation, editing or translation performed by the Company in relation to content entered or provided by you to the websites.
2. If such consent is granted, you must refrain from removing, deleting or altering any intellectual property notices or markings, including copyright notices (©) or trademark symbols (®), accompanying the content you are authorized to use.
3. The trademarks and advertisements of advertisers appearing on the Website are the exclusive property of the respective advertisers. Such materials may not be used without the advertiser's prior written consent.
4. You hereby grant the Company an irrevocable and unrestricted authorization to use information provided by you to the Company (details regarding the collection and retention of such information are set out in the Privacy Policy), or information automatically collected during your visit to or use of the Website (including the Personal Area), for the purpose of generating anonymous statistical analyses.
Such analyses may include the creation of averaged data, aggregated data, benchmarks, user preferences, comparisons, recommendations, other calculations or derivative works based on information provided by you or collected about you, whether combined with information obtained from third parties or otherwise (collectively, together with their results, "Statistical Information").
Without derogating from the foregoing, it is clarified that the Statistical Information shall be the exclusive property of the Company, which shall own all rights therein, including copyrights and intellectual property rights.
The Company shall have an unrestricted right to use, update, modify, improve, sell, lease, create derivative works from or otherwise exploit the Statistical Information, without being required to provide notice to you and without incurring any obligation or liability toward you.
For the avoidance of doubt, the User hereby assigns to the Company all rights in the Statistical Information and waives any rights therein or claims relating to any use thereof.
F. Remedies
1. The Company may, at any time and without prior notice, address inaccurate or incorrect information provided by you, restrict your access to the Website or refuse to provide you with access to the Website upon the occurrence of one or more of the following circumstances:
1.1. There is concern that you have violated any provision of these Terms of Use.
1.2. The Company is unable to verify or validate information provided by you.
1.3. The Company believes that your use of the Website constitutes a financial risk or involves fraud of any kind, or where there is a reasonable concern of such risk or fraud.
1.4. The Company believes that your actions may result in financial loss, payment obligations or legal liability for you, the Company or its customers.
G. Liability and Risks
1. Although the Company endeavors to ensure that all information available on the Website is correct and accurate, the Website is not intended to serve as an authoritative source or as advice upon which reliance may be placed.
The Company does not warrant that the content or information published on the Website, including in the Personal Area, will be accurate, complete, up to date, correct, reliable, consistent, of satisfactory quality, fit for any particular purpose, relevant or original.
The Website is provided on an "AS IS" and "AS AVAILABLE" basis.
2. The Company shall not be liable or responsible, directly or indirectly, for any compensation in respect of damage arising from information published on the Website, from the use of or inability to use the Website or the Personal Area, or from any matter related thereto.
3. It is clarified that the Company's systems, by their nature as systems based on software, hardware and communication networks, are exposed to risks inherent in such systems, including malicious software (such as viruses and Trojan horses), interception of communications, unauthorized intrusion by malicious parties, impersonation of the Website or any of its systems, and other forms of online fraud.
The Company makes efforts to protect against these risks. Nevertheless, complete prevention of such risks is not possible, and damage or loss may occur as a result of their materialization.
Such damage or loss may include the disclosure or corruption of information transmitted or displayed through the systems, disruption of instructions or requests, unauthorized activities, interruptions in system operations or response times, including failure to execute, incorrect execution or delayed execution of instructions or requests, and unavailability of the systems or any of their services.
4. Without derogating from any other provision of these Terms of Use, the Company shall be exempt from liability for any damage, loss or expense that may be incurred by you, directly or indirectly, as a result of any of the following events or circumstances:
4.1. Corruption of data or instructions, or failure or delay in executing an instruction, resulting from any malfunction or disruption of communication lines or defective electronic or mechanical operation, whether on your part, on the Company's part, or on the part of any third party through which instructions or information are transmitted.
4.2. Malfunction of any software or hardware in your possession or use.
4.3. Disclosure or exposure of information by you to any third party as a result of using the Website, providing inaccurate details or transferring your Device to another person, including for repair.
This includes circumstances in which such other person views information received from the Company through the Device or performs various actions through the Website using the Device.
You undertake to bear any damage, loss or expense incurred by you or by the Company in connection therewith.
5. It is clarified that the foregoing shall not derogate from your responsibility for your Device, including its security.
Furthermore, certain actions performed on your Device, such as "jailbreaking" or otherwise bypassing its security restrictions, may adversely affect your use of the Website, in addition to the fact that some such actions may be unlawful and prohibited.
H. Privacy
1. Any use of the Website is subject to and conditional upon your acceptance of the Website's Privacy Policy in its entirety.
If you do not agree to any provision of the Website's Privacy Policy, please refrain from using the Website.
I. Links to External Websites
1. The Website may contain links to other websites, including links provided by parties advertising through the Website.
Such links are provided solely for your convenience.
Any use of information or other content available on external websites accessed through such links requires caution and careful examination and is subject to the specific privacy policy of each such external website.
It is clarified that the Company has no control over, or rights in, the content available on such external websites.
The Company shall not bear any liability where you rely upon or act in accordance with information or content appearing on such external websites.
Links appearing on the Website shall not be construed as a recommendation, preference or endorsement of the use of any materials, content or products appearing on external websites.
Furthermore, such links shall not be construed as a guarantee of the reliability, accuracy or completeness of the information contained therein.
By clicking on any such link, you waive any claim, demand or cause of action against the Company in connection with any damage, payment or loss that you may incur, if any, as a result of relying upon or using information appearing on such external websites.
2. If you identify any material appearing on the Website, or within the content of any other service linked from the Website, that appears to be improper, unlawful, immoral or otherwise fails to meet Users' expectations, you are requested to notify the Company through the contact page on the Website.
J. Advertisements and Commercial Information
1. The Website may contain commercial content, including advertisements and notices submitted for publication by various advertisers or Users seeking to offer assets or services for sale.
Such content may appear in text, image or audio format.
2. The Company shall not bear any responsibility for commercial content published on the Website.
The Company does not write, review, verify or edit such advertisements or their accuracy.
Sole responsibility for commercial content and for any consequences arising from its use or reliance thereon shall rest with the advertisers.
The publication of commercial content on the Website does not constitute a recommendation or encouragement to purchase any services, assets or products offered for sale therein.
K. Ordering Products Through the Website
1. The Customer may, through the User and the Personal Area, be permitted to place orders for various products from the Company (the "Products").
The Customer may place an order only after an agreement has been reached between the Customer and the Company, whether in writing or orally, governing the prices of the Products, payment arrangements and delivery of the Products to the Customer.
Any order placed in the absence of an agreement with the Customer regarding the matters specified in this section, or after the termination of the supplier-customer relationship between the parties, shall have no validity or effect.
2. Payment for the Products shall be made directly between the Company and the Customer, in accordance with the agreements in effect between them.
3. It is clarified that any order for Products placed through the Website shall have no validity or effect unless and until the Company confirms the order, or any part thereof, to the Customer.
The Company reserves the right to confirm an order by any means, including by email, text message, telephone conversation with the Customer's representatives, facsimile or confirmation through the Website itself.
4. The Customer may, through the User and the Personal Area, be permitted to obtain various details regarding orders and the delivery of Products, including signed delivery notes, invoices, order status information and shipment status information.
For the avoidance of doubt, such information shall be subject to the liability provisions set forth in Section G (Liability and Risks) above.
L. Website Security
1. The Company considers the security of its customers' information to be of the utmost importance and invests resources in protecting the confidentiality of such information.
To this end, the Company employs various security measures.
2. The Company does not monitor information or content transmitted over the network, except for the purpose of protecting its own network.
Accordingly, you are responsible for implementing appropriate security measures against risks such as viruses, computer intrusions, loss of information and disclosure of confidential information arising from connections to external communication networks or from the ability to receive files and other information from various sources.
Any use you make of the Website shall be at your sole risk.
M. Notices and Updates
1. Various notices and updates from the Company, including promotional communications, may be sent to you by email, regular mail, SMS, facsimile, automated telephone dialing systems or any other means of communication, provided that you have consented to receive such communications.
N. Governing Law and Jurisdiction
1. Use of the Website shall be governed exclusively by the laws of the State of Israel.
The competent courts located in the city of Haifa, Israel, shall have sole and exclusive jurisdiction over any dispute relating to the Website.
