Welcome to the website (“the Website”) and the application (“the Application”) of the Tidhar Group Ltd. and/or its affiliated companies (“the Company” or “we”). The use of the Website, the Application, the contents contained therein, and the services offered through them, are subject to these terms and conditions (“the Terms of Use”) and to the Company’s privacy policy, found at the following link: https://tidhar.co.il/privacy-notice/ and additional instructions of the Company as indicated on the Website and the Application.
Masculine pronouns are used for the purpose of convenience only, and all statements made in the Terms of Use apply equally to both genders.
These Terms of Use define the relationship between the Company and anyone acting on its behalf, and the Company’s customers and visitors to the Website, including the customer portal (as defined below) and/or the Application, the contents and services offered therein (“the Customers” or “the Users” and “the Services,” respectively). If you do not agree to the Terms of Use and/or the privacy policy, in whole or in part, you are not entitled to use the Website and/or the Application and the Services offered therein for any purpose whatsoever.
Customer Portal on the Website and the Application
The Website (accessed through the customer portal, “the Portal”) and the Application offer the Services to the Company’s Customers via a dedicated personal area, which enables, among other activities, easy access to viewing, monitoring, and managing the apartment purchase procedure for buyers, from the sales agreement stage to obtaining the key. A customer who enters his personal area of the Portal or the Application using login authorization (as defined below) can receive information about an apartment he has purchased from the company and perform certain activities, such as reporting a defect in the apartment, opening a service call, reviewing the sales agreement signed with the Company, viewing the apartment plans and meetings scheduled with the Company, selecting suppliers, and more, all of which permit operation and viewing in an efficient and convenient manner (“the Objective”).
- In order to provide the Services, the Users will be asked to provide a number of personal details about themselves, in accordance with the specific service they have requested. These details are necessary for the provision of the Services and the Company will retain this information and use it in accordance with the privacy policy, which is an integral part of the Terms of Use.
- The use of the Application is subject to downloading the Application to a compatible device. Users must have an internet connection.
- Access to the Portal and the Application is conditional on a login authorization that includes a user name, which is assigned to the Customers by the Company, and a personal password chosen by the Customers (“Login Authorization”). The login details are personal and therefore must be kept strictly confidential and not passed on to anyone. The Company reserves the right to cancel or freeze the access privileges of Users who do not comply with the Terms of Use.
- Subject to the compliance with the Terms of Use, the Company grants you a license that is non-exclusive, non-transferable, non-sublicensable, and limited to a relevant period, to access the Portal and the Application for your own personal, private, non-commercial use, and for the Objective (as defined above) only.
- You confirm that you are aware that the Website and the Application and all of their contents, including design, music, photographs, images, illustrations, sound clips, audio clips, video clips, text, graphics, technological materials, software, hardware, programs, specifications, data, processes, implementation, inventions and improvements, upgrades, computer code, graphical user interface, design languages, interactive features, renderings, and any other material, are protected by copyright, in accordance with the laws of the State of Israel, international conventions, and the copyright laws of other countries, and belong to the Company and/or anyone acting on its behalf and/or to third parties who have consented to the use made by the Company within the Website and/or the Application.
Prohibited Uses
- You hereby undertake to make fair and reasonable use of the Website, the Application, and the Services offered within them, and not to make any use of them that harms the Website, the Application, the Company, and/or other Users and their ability to use the Website, the Application, and the Services. Without detracting from the generality of the foregoing, you undertake not to perform or assist others in the performance of any of the following:
i. Any use of the contents of the Website and the Application contrary to the Terms of Use, and in addition you may not copy, modify, distribute, transmit, publicly display, transfer, publish, process, create derivative works, sell, rent, lease, or store, in full or in part, temporarily or permanently, without the explicit consent of the Company, in writing and in advance. Furthermore, it is clarified that no use should be made in relation to the Website and the Application of methods for data mining, data collection, replication, reverse engineering, code change or addition, altering, removing, circumventing, blocking, restricting, or thwarting any of the protections for the content or any other component of the Website and the Application, and it is strictly prohibited to perform any other manipulation of the content on the Website and the Application.
ii. Run any computer application or other means to search, scan, copy, or automatically retrieve content from the Website and the Application. Similarly, you may not create or use the aforementioned means to create any compilation, collection, or database that contains content from the Website.
iii. Violate in any way the rights of a third party, including violation of privacy, intellectual property rights, or any other right, and/or use the Website, the Application, and/or the contents appearing therein to publish inflammatory, deceitful, fraudulent, libelous, and/or any other information that is false, unreliable, or intentionally harmful.
iv. Present content from the Website or the Application in any manner, including via any software, device, accessory, or communication protocol, which changes their original design or removes any content from them, including commercial or advertising content.
v. Give your login details to an unauthorized person and/or any other user.
vi. Any action that may harm the reputation of the Company and those acting on its behalf, the proper operation of the Website and the Application, and any other action prohibited by any law.
Limitation of Liability
- The use of the Website, the Application, and/or the Services offered therein, and any reliance on them, are the sole and full responsibility of the user. The use of the Website, the Application, and/or the Services and content provided to the Users through the Website and the Application are provided as is, and without warranty of any kind.
- The Company will not be liable to you or to any third party for any direct or indirect damage, including physical or mental damage, collateral, consequential, or incidental damage, or any loss (including, and without detracting from the generality of the foregoing, compensation for loss of profits or opportunities, work interruptions and disruptions, loss and/or forfeiture of business information, damage to reputation, and any other loss and/or financial damage whatsoever) arising from and/or related to the Website or the Application, any content and/or service appearing therein, or any use thereof, including but not limited to: (a) the use or inability to use the Website or the Application, including any content and/or service appearing therein, for any reason; (b) use or reliance on information, data verification, content, recommendations, service, adaptation to a specific purpose or service appearing and/or provided within the Website or Application and/or their use, including their nature and quality, whether by the Company or by third parties; (c) interruptions to, availability of, and integrity of the Website or the Application, including any content and/or service appearing therein, for any reason whatsoever, including those resulting from disruptions or failures in the internet network or the telecommunications infrastructure; (d) damage or loss caused as a result of an oversight, error, inaccuracy, and so on, that occurred on the Website or the Application, or as a result of relying on such.
- Certain contents and services that will be offered on the Website and the Application are contents and services that are owned by third parties, who may make changes to these contents or remove them at their sole discretion. We recommend that all of our Users read the terms of use of these third parties.
- The Users undertake to indemnify and reimburse the Company and anyone acting on its behalf, immediately upon its first demand, for any damage, loss, loss of profit, payment and/or expense, reputational damage, economic and/or commercial damage (including, but not limited to, the right to privacy, intellectual property rights, and so forth), including by virtue of any demand, claim, judgment, compromise, or writ of execution, including legal expenses and costs of legal counsel, arising, directly and/or indirectly, from violating the provisions of any law and/or the Terms of Use and/or the privacy policy in relation to any act and/or failure to act by the Users and/or from ant charge that the Company and anyone acting on its behalf may be charged, for which, in accordance with the provisions of these Terms of Use, the Company and/or anyone acting on its behalf bears no responsibility.
- Without derogating from the above, and insofar that it is determined by a competent judicial court in a final judgment that, despite what is stated in the Terms of Use and the consent of the Users to this, there is some responsibility of the Company, it is hereby clarified and agreed that in no case will the aggregate responsibility of the Company within the Terms of Use and/or in everything related to and/or arising from the Website or the Application, including any receipt of a service offered within them, exceed a total of one hundred shekels (NIS 100).
Miscellaneous
- The Company is entitled to assign and/or transfer and/or convert its rights under the terms of this agreement, or any part thereof.
- The use of the Website, the Application, and the Services offered therein, as well as the provisions of the Terms of Use and the privacy policy, are subject to the laws of the State of Israel. The exclusive place of jurisdiction for all matters concerning them is in the competent court of Tel Aviv-Jaffa.
- The Terms of Use and the privacy policy may be updated periodically, at the Company’s discretion and without prior notice. Furthermore, the Company reserves the right to alter and detract from the Services offered on the Website, their scope and availability, and any other relevant aspect, without prior notice. We recommend that you revisit the Website periodically in order to stay up to date with the various changes.
- If it is determined that any part of these terms is invalid or unenforceable, then the invalid or unenforceable terms will be considered as having been replaced by valid enforceable terms, whose content corresponds as closely as possible to the intent of the original terms, while the rest of the Terms of Use will remain in force as written and worded.
- The Company is careful to comply with the provisions of the law and respects the rights of the Users of the Website, the Application, and others. If you believe that content has been published on the Website that offends you for any reason, or you are concerned that your login authorization has been hacked or stolen, please contact us at the details below and we will endeavor to handle your request as soon as possible. Such inquiries can be sent to the following address: [email protected].
