1. Introduction
Welcome to zur-shamir.co.il Website owned by Zur Shamir Holdings Ltd. (hereinafter, the “Company”).
The “Website” – shall mean, for the purposes of these Terms of Use, the Company’s Website at zur-shamir.co.il and within this framework all the contents, materials, services, interfaces, platforms and/or Information of any kind presented on the aforementioned Website, including any text, image, graphics, drawing, sketch, photograph, document, procedure, guide, agreement, registration, logo, audio-visual content, and animation displayed on the Website (above and below, the “Website”).
1.1. The use of the Website is subject to the provisions and terms and conditions stipulated herein (“Terms of Use”) and the Website’s privacy policy (“Privacy Policy”), which will form the legal basis underlying any matter between the users of the Website (the “User” or the “Users”) and the Company (the Terms of Use and Privacy Policy will be referred to collectively as the “Terms of Use”). The User must carefully read the Terms of Use in full before commencing any use of the Website.
1.2. The use of the Website constitutes the User’s acceptance of the Terms of Use, and a confirmation that the User had read the Terms of Use carefully and meticulously, understood them and agreed to be bound by them with no exception. If a User does not agree with these Terms of Use, that User must refrain from making any use of the Website.
1.3. By using the Website, the Users declare that they are adults (over the age of 18) and capable of performing legally binding actions.
1.4. Headings are for convenience of reference only and shall not affect the interpretation or construction of these Terms of Use.
1.5. These Terms of Use shall apply to the use of the Website via any computer and/or electronic device of any kind, including (but not limited to) a mobile phone, tablet, etc.
2. Content and Information Presented on the Website
2.1. The content and information presented on the Website (collectively, the “Information”) is general and informative only, on an “AS IS” basis and does not form any recommendation, opinion, consultation, offer to purchase products or make any financial decision including but not limited to the purchase of shares. To avoid misunderstandings, the Users are fully responsible to any reliance on the Information and the Company will not be held responsible for and/or in connection with any damage/s suffered by any User because of the User’s reliance on Information and/or the extent to which the Information is adapted to the User’s.
2.2. To provide clarity, please note that any financial information available on the Website is provided for convenience only and therefore is non-binding as it reflects information as of the date of the financial report it references and is prone to inaccuracies. Additionally, available financial information on the Website may not necessarily represent the current status but the status at the time of its publication or appearance on the Website. Users seeking accurate, up-to-date and authoritative information, are encouraged to refer to the official publications of the Company, as reported by Securities Authority and the Tel Aviv Stock Exchange Ltd.
2.3. The Information may include forecasts, estimates, assumptions, and other Information relating to the Company or to future events and matters, the degree of materialization of which is uncertain and is not under the control of the Company or may change at the discretion of the Company (hereinafter, “forward-looking information”). The main facts and data that served as a basis for this Information are facts and data regarding the current status of the Company and/or third parties which are related companies, connected to the Company, such as: “IDI insurance”, “Direct Finance”, “Adgar Investments and Development”, “Neema” and any other company that will become an Affiliated Company (hereinafter: the “Affiliated Companies”);
2.4. Anything regarding the companies mentioned on the Website and/or the Information and their businesses, facts and data regarding the current status of the field of activity in which the aforementioned companies operate, and macroeconomic and other facts and data, are as known to the Company at the time of creating the Website or publishing Information on it. The actual future results and achievements of any of the companies mentioned on the Website may differ materially from those presented on the Website. The Company does not undertake to update or revise forecasts or assessments to reflect events or circumstances that occur after the publication date of the information on the Website, nor does it undertake to update the Website on any way.
2.5. Clearly, forward-looking information does not constitute fact and is based only on the subjective assessments of the Company. Forward-looking information is inherently subject to the risk of not being realized in practice and such information is uncertain, cannot be evaluated in advance and is usually not under the control of the Company. The realization or non-realization of the forward-looking information will be affected, inter alia, by risk factors that characterize the activities of companies mentioned therein, as well as by general developments and by the external factors that affect the activities of the companies mentioned therein, which cannot be evaluated in advance, and which are not under the control of the Company. The actual results and achievements of any Company mentioned in the forward-looking information may be materially different from those presented on this Website. The Company does not undertake to update or change any published Information and/or forecast and/or assessment in order to reflect events or circumstances that apply after the date of publication on the Website and do not undertake to update the Website. The actual future results and achievements of any of the companies mentioned on the Website may differ materially from those presented on the Website. The Company does not undertake to update or revise forecasts or assessments to reflect events or circumstances that occur after the publication date of the information on the Website, nor does it undertake to update the Website on any way.
2.6. Any Information or opinion presented on the Website shall not be interpreted as a recommendation and will not constitute an offer or solicitation for the purchase or sale of stocks or securities of the Company or any other Company that might be included in the Information (as applicable), weather related to the Company or otherwise. Any investment decision should be based on professional advice from a qualified party only. Efforts are made to ensure that the Information presented on the Website is up to date; however, the Information may be incomplete and there may be technical errors as well as other errors in respect of the Information. It is clarified that the Company is not responsible for any inaccuracies and/or mistakes made in the Information or in connection therewith.
2.7. In case of any contradiction or inconsistency between the Information displayed on the Website and information contained in the official documents of any of the Company and any other company that may be included in the Information, the official information of the official documents shall prevail.
2.8. In addition, and without derogating from these Terms of Use, nothing in and/or on the Website constitutes an offer to Users and/or undertaking between the Company and any User.
3. Use of the Website
3.1. The Users undertake to use the Website in accordance with the provisions of the law and the provisions of these Terms of Use.
3.2. The Users will not cause any harm to the Company, the Affiliated Companies and/or any other companies mentioned on the Website and/or to the Website and, among other things, Users will not carry out or assist in carrying out actions that may cause any harm to the Company, the Affiliated Companies, any other company mentioned on the Website, and other Users or 3rd parties. inter alia, the Users shall not carry out the following actions:
3.2.1. Shall not use the Website and/or the Information for any illegal, immoral, unauthorized and/or prohibited purpose.
3.2.2. Shall not use the Website and/or its content for commercial or non-private purposes, without the express and prior written permission of the Company.
3.2.3. Shall not remove or separate from the Information and/or from the Website any restrictions and signs indicating the proprietary rights of the Company, the Affiliated Companies, and/or any other company mentioned on the Website, their licensors, including all the proprietary notices that appear therein (such as © TM or ®).
3.2.4. Shall not infringe upon or compromise other Users’ privacy rights or any other rights, nor collect personal information about Users, whether manually or through automated tools such as robots, spiders, crawlers, or similar applications.
3.2.5. Shall not search or retrieve, or use of any other manual or automated means, processes or methods in order to enter the Website and retrieve, collect and/or extract Information.
3.2.6. Shall not damage or disrupt the operations of the Website or the servers or networks that store the Website.
3.2.7. Shall not violate the provisions of any law in connection with the use of the Website.
3.2.8. Shall not perform any actions that that have the potential to create an overload on the Website’s infrastructure.
3.2.9. Shall not bypass the means applied by the Company to prevent or limit access to certain applications and/or Information on the Website.
3.2.10. Shall not copy, modify, alter, adapt, transmit, make available, translate, reference, reverse engineer, convert binary code to open source, decompile, or disassemble any part of the Information or the Website, or display to the public, create derivative works, perform, distribute, sublicense, make any commercial use, sell, rent, transfer, lend, process, collect, combine with other software – any Information and/or anything that is subject to the proprietary rights of any of the Company, including intellectual property of the Affiliated Companies and companies that may be included in the Information.
3.2.11. Shall not sell, license, or exploit for any commercial purpose any use of the Website.
3.2.12. Shall not violate the Terms of Use or any part thereof.
3.3. The User will not upload, retrieve, transmit, distribute or publish Information or other material that may encourage, induce, solicit or assist another to commit an act prohibited by law or that may trigger legal liability.
3.4. In case of any contradiction between the Website and/or the content of the Website and the provisions of these Terms of Use, the provisions of these Terms of Use shall prevail.
4. Intellectual Property
4.1. The Website, including any copyrights, patents, models, trade secrets, materials, applications, graphic design, logos, as well as the editing and presentation of the files, codes, images and trademarks therein (the “Intellectual Property”) belong to the Company, the Affiliated Companies and/or to the companies included in the Information and/ or to a third party who has allowed the Company to use them, and are protected by the relevant national and international legislation.
4.2. Permission to use the Website does not constitute the grant of any license or right to use (including by copying, correction, modification, reproduction, transmission, presentation, publication, transfer, sale, or distribution in any way) the Intellectual Property or any part thereof without the prior written consent of the Company or the relevant owner of said Intellectual Property.
4.3. Users may not copy, reproduce, distribute, sell, market, or translate any Information (including Intellectual Property and, inter alia, trademarks, images, texts, and computer code) without obtaining the express and prior written permission of the Company or the relevant owner of said Information.
5. Disclaimer
5.1. The Company, the Affiliated Companies and/or anyone on their behalf will not be responsible and will not bear any liability to any kind of damage, direct, indirect, consequential, or special, incurred by the User and/or a third party, in connection with the use of the Website.
5.2. The use of the Website is the full and exclusive responsibility of the User, and the User releases the Company, the Affiliated Companies and anyone on their behalf from liability in respect of any damage and/or loss and/or expense and/or shortfall that may be incurred by the User and anyone on its behalf, in any way and in connection with the Website.
5.3. The Company invests efforts to ensure the maintenance and availability of the Website; however, as a technical service, by its very nature it may be prone to unexpected malfunctions, and the activity of the Website may be interrupted, disrupted, or delayed, permanently or temporarily, including due to factors that are beyond the Company’s control.
5.4. The Company does not guarantee that the Website will operate without interruptions and/or malfunctions, or that interruptions and/or malfunctions will be repaired, or that the Website will be free of bugs, viruses, or other harmful components.
5.5. The use of the Website is AS IS without the Company, the Affiliated Companies and/or the companies included in the Information or anyone on their behalf making any representation, whether explicit or implicit, directly, or indirectly, in connection with the Website and the Information, including regarding their suitability to the User’s needs, its correctness, completeness and any other additional representation. The User agrees and confirms that the responsibility in connection with the use of the Website, including any risk, damage and expense, whether direct or indirect, which may be incurred and/or which may be caused thereto and/or to anyone on behalf thereof, even if any of the Company, the Affiliated Companies and/or the companies included in the Information or anyone on their behalf could foresee them in advance, in connection with the use of the Website, in whole or in part, is that of the user only.
5.6. The Company, the Affiliated Companies and/or the companies included in the Information or anyone on their behalf will not be responsible, and the User releases the aforementioned from liability for any damage, loss, expenses and payments, direct or indirect, that may be incurred by the User, even if the aforementioned could have foreseen them in advance, as a result of the use of the Website.
5.7. The User hereby undertakes to indemnify and compensate the Company and/or the Affiliated Companies and/or the companies included in the Information or anyone on their behalf for any damage, loss, liability, claim or demand and expense, including legal expenses and attorney fees, incurred by any of the abovementioned, by the User and/or any other third party, including but not limited to, other Users in connection with the User’s illegal use of the Website and/or breach of these Terms of Use.
6. Links to Third Party Websites
6.1. The Website may contain links, hyperlinks, or banners to other Websites, which the Company does not supervise or monitor, and the Company, the Affiliated Companies and/or anyone on its behalf will not bear any liability and are released from any liability in connection with the use of the exterior websites and/or or such web pages and/or the content published therein.
6.2. The Company does not guarantee that the links found on the Website will be intact or lead the User to an active website.
7. A Breach of the Terms of Use
7.1. Without derogating from these Terms of Use, if the Company has reason to suspect that a User has breached the Terms of Use and/or the provisions of the law, Company may, based on its sole discretion and without prior notice, take one or more of the actions detailed below, without detracting from any right or remedy it is entitled to under law:
7.1.1. Block the access of the User and anyone on its behalf.
7.1.2. Demand and/or claim against the User and/or anyone on its behalf for any remedy to which it is entitled, including financial compensation and/or an injunction.
8. Applicable Law and Jurisdiction
The terms and provisions detailed herein as well as any change or amendment thereof shall be governed by the laws of the State of Israel without reference to any applicable choice of law clauses. The courts in Tel Aviv-Yafo shall have exclusive jurisdiction in connection with any dispute and/or claim that may arise in connection with the use of the Website and anything related thereto.
9. Changes and Updates
The Company may, at its sole discretion, change these Terms of Use from time to time, without having to provide any notice. The latest Terms of Use published on the Website will bind the User. The User’s continued use of the Website after the Terms of Use have been updated constitutes the User’s consent to the updated Terms of Use, including any changes thereto.
10. Miscellaneous
10.1. To the extent that a provision of the provisions of these Terms of Use is determined by a competent judicial court to be illegal and/or invalid, despite the intention of the parties, the other provisions of these Terms of Use and/or the other parts of that provision that were revoked and/or altered by the competent judicial authority shall remain unaffected.
10.2. These Terms of Use do not derogate from any right granted to the Company and/or to anyone on its behalf under any law.
10.3. The Company reserves the right to change the Website, add or remove content, as well as suspend or terminate the Website’s activity at any time, with no prior notice.
10.4. The User may not assign to others any rights and/or obligations under these Terms of Use.
11. Contact Information
Please contact us at info@zur-shamir.com in case of any query regarding these terms of use or regarding the use of the Website.
Updated: December 2024.