These Terms of Use (“Terms”) set forth the terms and conditions under which Tidhar Group Ltd. (“Tidhar” or “us”) makes available its website, available at: https://tidhar.co.il/en/ (“Site”), and/or the services available through the Site (“Services”), to each person (“User” or “you”) accessing or using the Site and/or the Services.

By using the Site and/or the Services, you agree to be bound by these Terms as may be amended from time to time. Please read these Terms carefully and visit this page regularly for updates and changes. If you do not agree to be bound by these Terms, you should discontinue using the Site and/or the Services. As long as you do not cease using the Site or the Services, you will be conclusively deemed to have accepted these Terms.

For information on how we collect, use and share personal data, please see our Privacy Notice, available at: https://tidhar.co.il/en/privacy-notice/

THE PRIVACY NOTICE IS AN INTEGRAL PART OF THESE TERMS. YOU MAY NOT USE THE SITE OR SERVICES IF YOU DISAGREE WITH ANY OF THE PROVISIONS INCLUDED IN THE PRIVACY NOTICE.

1. OWNERSHIP OF INTELLECTUAL PROPERTY

1.1 Certain content and information provided on and through the Site and/or Services, including, without limitation, any of our logos, trademarks, graphics, designs, information, texts, images, software, data and other material displayed, available or present on the Site and/or Services (“Content”), are the copyrighted and/or trademarked work of Tidhar and/or its licensors.

1.2 Tidhar retains all rights, including any intellectual property rights, in the Content. Except as expressly permitted in these Terms, you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Content in any manner.

2. RESTRICTED USES

In connection with your use of the Site and/or Services, and without limiting any other obligations under these Terms or applicable law, User shall not, and shall not permit others to:

2.1 Modify the Site and/or Services, decompile, reverse-engineer, disassemble, or otherwise attempt, directly or indirectly, to disrupt the Site and/or Services, servers or networks connected to the Site or the Services, deny service to, hack, crack, reverse engineer, or otherwise interfere with the Site and/or the Services in any manner, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site or the Services;

2.2 Sell, distribute, copy, duplicate, or otherwise reproduce all or any part of the Site, Content and/or Services;

2.3 Attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the Site, Services, technology or any software thereto

2.4 Create a database by systematically downloading and storing all or any content from the Site or the Services;

2.5 Use the Site and/or Services for any illegal, immoral or unauthorized purpose, encourage criminal behavior or conduct that would constitute a criminal offense under any law, or could give rise to civil liability or other lawsuit;

2.6 Use the Site and/or Services in a manner which infringes another person’s rights in any way, including privacy rights, and use the Site and/or Services in any manner which is harassing, or otherwise offensive; and

2.7 Use the Site and/or Services in a way that infringes or violates these Terms, or any applicable law.

3. WARRANTY DISCLAIMERS

3.1. Despite our efforts, the information contained in the Site may not be accurate, comprehensive, complete, updated or applicable in all respects at all times. Tidhar shall not be liable for any inaccuracies or omissions in the Site, and/or Services and any decisions you make based on information contained in this Site are your sole responsibility, and made at your sole risk.

3.2. USER ACKNOWLEDGES AND AGREES THAT THE SITE, CONTENT AND THE SERVICES, ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS”, ARE USED ONLY AT USER’S SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW.

3.3. Tidhar disclaims all warranties, express or implied, of any kind, regarding the Site, Content or the Services (including any information, software, and links), including any implied warranties as to fitness for a particular purpose, merchantability, title, non-infringement, results, accuracy, completeness, accessibility, compatibility, suitability, reliability, availability, timeliness, quality, or lack of viruses. If applicable law does not allow the exclusion of some or all of the above implied warranties to applicable to you, the above exclusions will apply only to user to the fullest extent permitted by applicable law.

4. LIMITATIONS ON LIABILITY AND REMEDIES

4.1 The User assumes full, exclusive and sole responsibility for the use of and reliance on the Site, Content or Services, and acknowledge that any use of or reliance on the Site or Services is made entirely at the User’s own risk.

4.2 TIDHAR’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH TIDHAR IS TO DISCONTINUE YOUR USE OF THE SITE OR SERVICES. TIDHAR, OR ITS RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, SERVANTS OR AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE (EVEN IF SUCH DAMAGE COULD HAVE BEEN REASONABLY FORESEEN) ARISING FROM YOUR USE OF THE SITE AND/OR SERVICES. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS OR OPPORTUNITIES, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF TIDHAR HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, TIDHAR’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. USER ACKNOWLEDGES AND AGREES THAT WITHOUT THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY, TIDHAR WOULD NOT BE ABLE TO OFFER THE SITE OR THE SERVICES.

5. MISCELLANEOUS

5.1 Tidhar reserves the right, at any time and from time to time, without being obligated to provide prior notice, to modify, suspend, or discontinue, temporarily or permanently, the Services or any part thereof, or User’s access thereto, and to modify, suspend or terminate the Site or any part thereof, at its sole discretion. You will have no claim, complaint or demand against Tidhar for applying such changes or for failures incidental to such changes.

5.2 By submitting information through the Site you warrant that any information provided by you is complete, truthful and accurate in all respects. See our Privacy Notice for additional information on how we process personal data.

5.3 Severability. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of these Terms shall remain in full force and effect.

5.4 Assignment. Tidhar may assign and/or transfer at any time its rights under these Terms or part thereof.

5.5 Choice of Law. The Site, Services and these Terms and any dispute arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of the State of Israel. You agree that all such disputes shall be brought exclusively in the applicable courts of Tel Aviv, Israel.