Welcome to the Gindi Holdings Ltd. (including its subsidiaries and affiliates or any other corporation in the Gindi Holdings Ltd. group) (hereinafter: the "Company") website, which was developed and is operated by the Company.
The website contains, among others, information about the Company, news and deals, videos, details regarding the Company's loyalty club, an electronic subscription form for the Company's loyalty club. In addition, the website presents, among others, articles, contents, advertising regarding various sales, whether for the Company or ones which are business collaborations with third parties.
1.1 This websites serves among others for joining the Company's loyalty club, all in accordance with the terms hereof.
1.2 You are aware of and agree that the instructions and terms of this statute are a binding contractual agreement between yourself and the Company regarding the issues detailed therein, and you agree to accept and follow the statute including all of its terms, and this without any limitation and/or reservation. The instructions hereof will apply to any use you make of the website, and will serve as the legal basis for any deliberation between yourself and the Company. Should you not agree to any term of the terms of this statue you are required not to make any use of the website.
1.3 The Company may change the statue from time to time at its sole discretion. Should you continue using this website once changes are made to the statute then you will be considered to agree to the changes as aforesaid and the instructions of section 1.2 above will apply. Without derogating from the aforesaid in this section above, the Company may cease or change the activity in the entire website or in part thereof, temporarily and/or permanently, at any time, without you having any argument, right and/or claim in that regard.
1.4 All of the aforesaid in this statute in the masculine is for convenience only and applies to the feminine in its meanings and vice versa. All of the aforesaid hereto in the singular applies to the plural as well in meaning and vice versa. When regarding a person, it also applies to a corporation in meaning. It is hereby clarified that this statute is made as detailed in this section arbitrarily and for editing purposes only.
1.5 The headings are for user convenience of reference and will not be used to interpret the statute.
2. Certain Definitions
2.1 "Site" or the "Website": the Website is fully owned by the Company at the address www.gindih.co.il and/or any site found under a domain name purchased by the Company, as far as there is no specific statute.
2.2 "User": any person surfing and/or watching the Website and/or uses the Website and/or the information therein in another way, and all in accordance with the instructions and terms detailed hereto and on the Website.
2.3 "Statute" or "this Statute": this Statute which regulates any use of the Website by the users.
3. The Company's Loyalty Club
3.1 The instructions of section 3 hereto will apply as long as the Company decides to keep its loyalty club.
3.2 Any user who wishes to sign up as a member of the Company's loyalty club (hereinafter: the "Loyalty Club"), will be required to fill out an electronic registration form via the Website or a manual registration form and comply will all the instructions detailed hereunder in this Statute.
3.3 A user registered as a member of the Company's Loyalty Club who complies will all the directions of this Statue and the instructions on the Website regarding membership in the Loyalty Club (hereinafter: the "Club Member"), is entitled to enjoy special benefits and discounts, to be set by the Company from time to time. These Benefits and discounts will be set at the Company's sole discretion, and will published on the Website and/or any other medium, from time to time.
3.4 Signing up for membership with the Loyalty Club:
3.4.1 A user who wishes to sign up as a Club Member will be required to fill out the registration form for membership with the Club correctly and accurately (hereinafter: the "Club Membership Registration Form").
3.4.2 In the Club Membership Registration Form the user will be required to fill out personal information, including full name, full address, telephone and email address.
3.4.3 The Company hereby informs the Club Member that the details of the Club Member which were delivered to the Company upon registration for membership in the Club may be used thereby for the delivery of advertisement in different ways, including via email, text messages, facsimile, post, automatic phone dialing and the like (hereinafter the "Advertisement Means"), and that upon visiting the Website the Club Member agrees to receive all of these Advertisement Means.
3.4.4 This includes the Club Member's knowledge and consent that the Company will send him advertisement and/or mailing by the Advertisement Means (hereinafter: "Direct Mailing").
3.4.5 The Club Member knows that the Direct Mailing may include third parties' advertisements which are not necessarily the Company, and hereby gives his informed consent to receive said advertisements as part of the Direct Mailing as aforesaid.
3.4.6 The Club Member knows and gives his consent that the advertisements as detailed in section 3 hereto, is a mandatory condition for membership in the Club.
3.4.7 The Company hereby informs the Club Member that he may contact it at any time via email to: [email protected]and inform it that he refuses to receive advertisements as aforesaid.
3.5 It is clarified that the issuance of a Club Member card is evidence of membership in the Club. In addition, to enjoy any kind of discount and/or benefit by the Company, the Club Member must present the Club Member Card as a necessary condition for receipt of the benefit and/or discount, and the Company will not be obligated to grant any favor and/or discount whatsoever to a Club Member who had not presented the Club Member card as aforesaid.
3.6 The Club Member knows that the Company and/or anyone on its behalf is not obligated to grant the Club Member a certain benefit and/or discount, including as far as it had granted other Club Members a certain benefit and/or discount, all according to its sole discretion, and that the discounts and/or benefits granted to Club Members as detailed on the Website are temporary and may frequently change at the Company's and/or anyone on its behalf's sole discretion. Including, the Club Member knowing that the Company and/or anyone on its behalf does not undertake to grant his any minimal rate of a discount whatsoever and/or grant any discount and/or benefit whatsoever at all.
3.7 The Club Member knows that in order to enjoy any benefit and/or discount he must be registered as a club member and comply will the full instructions of the statute and the directives of the Website in that regard.
3.8 The Company reserves its right to cease the club membership of any Club Member and/or limit it temporarily and/or permanently, at its sole and absolute discretion. The Company may use its right as aforesaid, including but not only, in cases of fearing abuse of the Club Membership and/or due a technical malfunction and/or due to a human error and/or following a change in Company policy and/or due to any reason whatsoever, and the Club Member hereby waives any argument and/or demand and/or claim towards the Company and/or any of its managers and/or its owners and/or anyone in their regards in this regard.
3.9 Excite P.S.I 2013 Ltd. (hereinafter: "Excite") assists the Company in the management of the various benefits which the Club Members may be entitled to from time to time, and this including responsibility for providing customer services to the Club Members in this regards. For more information regarding the club, response and services regarding benefits you may contact Excite via email to [email protected]or by telephone: 072-2755800, extension 2.
3.10 The Company and/or Excite do not bear any responsibility of any type and kind whatsoever to any matter directly and/or indirectly related to the benefit and/or discount to which the Club Members will be entitled from time to time, to its quality and/or nature and/or intactness and/or adaptation to the Club Member's needs, and will not bear any responsibility for any damage and/or lose and/or expense the Club Member (and/or anyone on his behalf) may incur directly and/or indirectly, due to the benefit and/or discount, and the Club Member waive any demand and/or argument and/or claim against the Company and/or Excite and/or none on their behalf in regards with the aforesaid, including but not only the matter of the model of the benefit, the service provided at the business providing the benefit, the times and dates of supply of the benefit and/or the product and so forth.
4. Cancelling Club Membership
4.1 The Club Member knows he is entitled to request his removal from membership with the Loyalty Club at any time, by sending an email to: [email protected]
4.2 The removal of a membership with the Loyalty Club means a total and immediate waiver by the Club Member of any right and/or benefit and/or discount which were granted there to and/or are due thereto in connection with his membership in the Club before his removal, by the Company and/or any third parties whatsoever and/or on their behalf.
5. Completing Feedbacks and the Use thereof
5.1 The Company will be entitled, but no obligated, at its discretion, to send the user, at the end of any registering process and/or randomly, a feedback where he will be asked for his opinion (hereinafter: the "Feedback"). In general, the feedback processing will be automatically done via a computerized system, except for text data written and added by the user.
5.2 Should the company send the user the feedbacks or the user was given the option of filling out any feedback whatsoever, the following instructions will apply:
5.3 The Company requests the users fill out their exact and correct details in the feedback so as to have the feedback appropriately and credibly checked by the Company.
5.3.2 It is hereby clarified that the Company will be entitled to edit and/or amend and/or add and/or delete and/or not weigh in and/or not present at all any feedback or any part thereof and all without being obligated to inform the user who had filled out a feedback on the matter.
5.3.3 Without derogating from the aforesaid above, it shall be emphasized that the display of the feedback data on the website themselves or the processing of the data uploaded therein and their display are not to be considered an opinion and/or recommendation and/or an expression of an opinion and/or encouragement by the Company regarding matters with which the feedback data were presented and these data must not be relied on alone for the examination of the profitability of the applications on the Website.
5.3.4 The Company will not bear any responsibility of any kind and type whatsoever to any direct or indirect damages as far as any are caused to any party whatsoever, including users, as a result and/or in regards with the use of the feedback data and/or their publication on the website or by any other means.
6. Eligibility to Use the Website
6.1 Any user may connect with the Company to perform purchase requests, subject to compliance with all accumulated terms as detailed hereunder: (a) the user is an adult (over 18 years old) and is eligible to execute binding legal actions; (b) the user has an email address online.
6.2 Without derogating from the aforesaid above and from section 10 hereunder, the Company may prevent a user from using the Website, by blocking him in any of the following cases: (a) the user had committed an illegal act and/or had not adhered to the instructions of the law; (b) the user had breached any of the terms hereto; (c) the user intentionally provided wrong details upon registration and/or afterwards by phone; (d) the user had committed an act or omission which was to damage the Company and/or anyone on its behalf and/or the regular activity of the Website and/or any third party whatsoever.
7. Discontinuation of Activity on the Website, Changes or Cancellation by the Company
7.1 In addition to and without derogating from any instruction of the instructions hereto, the Company reserves its right to discontinue at any time, at its sole discretion, the activity on the Website including by blocking a user's IP address, as detailed in the instructions hereto, as well as including in any of the cases detailed hereunder:
7.1.1 Should any technical malfunction or any malfunction whatsoever occur.
7.1.2 In case of Force Majeure, war or act of terror which prevent in the Company's opinion the continuation of the purchase request or the execution thereof.
7.1.3 Should it turn out that an illegal activity was or is conducted on the website or which in the Company's opinion was against the instructions hereto.
7.1.4 In any case where an error had occurred on one of the specifications published on the Website or the request form, including the request prices.
7.2 The Company may change the Website's structure, appearance, contents, and any other aspect which is involved in the Website and the operation thereof from time to time – and all without having to inform you thereof in advance. By nature changes such as these may involve malfunctions or cause some inconvenience at first, some disruption and so on. You will have no argument, claim, or demand towards the Company due to the making of changes as aforesaid or malfunctions to occur due to their execution.
8.1 Should there be a writer's error in any other detail on the Website, it will not be binding for the Company.
8.2 The photos of the housing units, projects, blueprints and various charts presented on the Website are for illustration only. There may be differences between all of those which are presented on the Website, all or part thereof, and the ones in reality. In addition, to the matter of the blueprints and charts which are displayed on the Website, the binding blueprints and charts will be the ones attached to the sale agreement.
8.3 The Company and/or anyone on its behalf will not be responsible for damages caused to the user as a result of using the Website and will not bear any indirect, consequential, or special damage, including the loss of income and/or prevention of profit to be caused for any reason whatsoever.
8.4 The service on the Website is provided for use As Is. The Company does not guarantee the service and contact on the Website will be free of any malfunctions and errors, breach of security, viruses, or that it will always be available. The user will have no argument, claim or demand towards the Company due to the aforesaid in this section (including the service, its characteristics or its adaptation to his needs and requirements).
8.5 The Company takes every effort to maintain the Website in order. However, the Company does not undertake that the service on the Website will not be disturbed, provided regularly without disruption, malfunctioning or faults, including hardware, software or communication line faults, and will not be responsible in any way for malfunctions and/or disruptions of the World Wide Web and/or Bezeq lines and/or the international communication lines which enable dialing access to the internet. The Company will not bear any responsibility for any illegal action to be carried out by the users on the Website due to any other body which is not under its full control.
8.6 The Company will not be responsible for the contents advertised by the links on the Website which lead to other websites. The Company does not undertakes that any links whatsoever will lead the user to an active website. The Company is not liable for the websites to which these links lead. It cannot determine the extent to which the information on said websites is credible (if at all) and complete, accurate, or up to date. Reliance on said information therefore will be at the sole responsibility of the user.
8.7 The Company does all it can to incorporate advanced protection mechanisms to secure the information on the Website, while incorporating customary and reasonable means which are used on websites which are similar to the Company's Website. Penetration into the Website's or the Company's computer systems is a criminal offense by the law in Israel. However, it is made clear that the Company cannot guarantee absolute immunity to penetrations of its computers, attempts to such penetrations, exposure of information or disruptions and disturbances to the activity of the computer systems used by the Website. The user undertakes not to take any action designed to unlawfully penetrate the Company's and/or the Website's computers, to search for other access routes or loopholes in said computer systems, to crack the security or inscription systems which protect the Website and the information therein or to assist in actions as aforesaid above and/or to take any further action which is to disrupt its regular functioning.
9. Additional Terms
9.1 Any intellectual property rights on the Website, including patents, copyrights, samples, trademarks, trade secrets, and the organization and arrangement of the information therein, are the sole possession of the Company, or of third parties from which the Company had received a license to use by law. These rights apply, inter alia, to the Website's graphic design, the databases therein, the Website's computer code, contents and files included therein and any other detail connected with the operation thereof.
9.2 No copying, duplication, distribution, sale, marketing, broadcasting, public execution, placement in the public domain, translation or any other use of the contents, information, unit lists, blueprints, charts, photos, designs or services included and/or proposed by the Website without the Company's explicit written and advanced consent, and subject to the terms of said consent (should it be granted). No use of the any data / contents whatsoever which are published on the Website for display on a website or any other services whatsoever, without the Company's advanced and written consent and subject to the terms of said consent (should it be granted). This includes no collection of data from the Website using programs such as crawlers, robots and the like or distribution of said data in public commercially or in any commercial framework. No display of the website with a design or graphic interface which is different to the ones designed therefore by the Company, only subject to the Company's advanced and written consent.
9.3 The name "Gindi Holdings", the Company's trademarks (whether registered or not) as well as the Website's domain name, the Website's trademarks (whether registered or not) – are all the Company's exclusive property. No use of them can be made without the Company's explicit advanced and written consent.
9.4 As far as there are trademarks, pictures, and data on the Website, which were provided for advertisement by companies which provide products and services regarding the Website, those trademarks and information are the property of said companies and may not be used without their consent.
10.1 For technical support, explanation regarding the operation of the service and any clarification whatsoever regarding your account, as well as for any application or message to the Company, please contact the Company by email to: [email protected]or by letter to the address: 1 Azrieli Center, the Round Tower, 34th floor, Tel Aviv 67021. In anything regarding the Website and this statute the Company will contact you via the email address you had provided when signing up for the Website or via the Website or by registered / regular mail to your address.
10.2 The Company's computer records regarding the actions carried out using the Website will be prima facie evidence for the correctness of the actions.
10.4 Should it be determined that any instruction in this statute is illegal or unenforceable (including in accordance with the Uniform Contract Law, 5743 – 1982), then it will not be to cancel the remaining instructions hereto and/or to affect their validity, legality or the possibility of their reinforcement.
10.5 The user declares and undertakes, that he is aware of the statute and that he has read it, understood what it says and agrees to its instructions and terms and that he and/or anyone on his behalf will have no direct and/or indirect argument and/or claim and/or demand towards the Company and/or any of its owners and/or any of its employees and/or anyone on its behalf and/or anyone on their behalf regarding the aforesaid.
Gindi Holdings Ltd. (including subsidiaries and affiliates or any other corporation in the Gindi Holdings Ltd. group) (hereinafter: the "Company") respects the privacy of the users of the Website, as it is defined in the Website's statute and/or any other website founded by and/or to be founded by the Company, alone or in collaboration with others. Therefore, the Company has decided to publish its policy regarding the protection of the privacy of the website users.
1. The information introduced into the Website and/or collected in regards therewith
a. Some of the services on the Website require registration, as noted in the statute. As part of the registration you will be required to deliver personal information such as name, contact information, email address, payment means details, and additional personal details (hereinafter: "Personal Information"). You cannot subscribe to certain services without providing the requested data in the mandatory fields. The Company may ask only certain Personal Information of you which is required for the service to which you have subscribed and when subscribing to another service you will be asked to deliver further personal information, and all as stated in the statute.
b. When using the Website's services information about you is collected. Part of the information may identify you personally, meaning your name, address, and so on. Some of the information does not identify you personally and is not saved along with your details. Inter alia there is statistic and accumulative information. The information may contain additional details, such as advertisement you have read on the website, the pages you had visited, the offers and services you were interested in, the internet address from which you had logged on to the website (IP) and more.
c. It is clarified that although by law there is not duty to deliver your Personal Information to the Company, the Company will not be able to allow your use of the website unless it receives said details from you.
d. These details, as well as the details of the actions you will carry out on the Website, will be saved in the Company's database.
2. The Company's Database
a. The Company's database is registered, according to the Protection of Privacy Law, 5741 – 1981, and the Company operates in compliance with the aforesaid law and any other relevant law.
b. In delivering Personal Information you hereby give your consent that the Personal Information will be included in the database and that the Company may use it, in accordance with the Website's statute and this document.
c. In accordance with the aforesaid law, any person by himself or by a proxy permitted in writing, or by his guardian, may browse through the information in his regards which is included in the database. A person who had browsed through the information in the database and found it to be incorrect, incomplete, unclear, or not up to date, may contact the database owner, and request the information is amended or deleted. Should the database owner refuse this request, he must notify the applicant in the manner and way set by the regulations. The information applicant may appeal the database owner's refusal to allow him to browse through the information and his notice of refusal to amend or delete the information to the Magistrate's Court in the manner and way as set by the regulations.
d. In case of disconnection from the service and a request to delete the information, the information required by the Company for the management of its businesses – including the documentation of commercial and other actions you had made on the Website – will continue to be saved in the Company's databases by law.
If within 30 days no notice is received that the company no notice is received that the information the Company was requested to delete was indeed deleted according to this section, you may appeal the magistrate's court in the manner set by the regulations by power of the law, to instruct the Company to act as aforesaid.
3. Use of the Information Collected based on the use of the Website
a. The Company may collect information regarding the services you use on the Website and how you use said services. For instance, the actions you had taken, the pages you visited, the offers and services you were interested in, the location of the computer with which you had visited the Website and details regarding the computer and more. The Company will save the information in its databases.
b. We use the information we collect, inter alia, for –
• Improving the services and contents offered by the Website, creating new services or contents which comply with user requirements or cancelling existing services or contents. The information to be used by the Company for this will be mainly statistical information which does not identify you personally.
• Adapting the Website's content to your fields of interest.
• Sending emails or text messages to you (or by any other media) to inform you, for instance, of changes or improvements in the Website as well as marketing and advertising information – be it information about the Company or information that the Company will receive in order to send from other advertisers. At any time you have the option of requesting to end the receipt of information as aforesaid by written request to the Company.
• Contacting you if necessary. For your information, we may also document the correspondence with you, among others, to help solve problems you may incur.
• Analysis of statistical information and delivering it to third parties, including advertisers. The information provided to third parties will not identify you personally.
• Sending marketing offers for the Company and/or anyone on its behalf.
• The orderly operation and development of the Website or websites to be established in future by the Company.
Cookies are small files which contain a string of characters which are sent to your computer when visiting a certain website. Upon revisiting the website, the Cookies help the website identify your browser. Cookies may contain various information details, among which information regarding your preferences as a user and activities you had made on the website. We use the information we collect via Cookies for the regular operation of the Website, to verify details and information security and to improve the user's experience and the overall quality of the services we offer on the Website. You can block or delete said Cookies at any time by changing your browser settings so as to reject all cookie files and then your personal information may not be saved on the Website and you may be required to reenter them upon revisiting the Website.
4. Advertising and Advertisements
a. The Company may send you advertising materials from time to time by various means, including text messages and emails, in accordance with and subject to the instructions of the Communication Law (Bezeq and broadcasting) (amendment no. 40), 5768 – 2008 (the "Spam Law").
b. The Company may use the information it receives on the Website and information it collects regarding use patterns on the Website to improve the services on the Website and/or in any other way it proposes to contact you if necessary, subject to the instructions of the Spam Law. In accordance with the aforementioned law, you may inform the Company in writing that you are not interested in receiving commercial advertisement.
5. Direct Marketing
a. The instructions of this chapter are in addition to existing instructions on the Company's statute for the matter of direct marketing.
b. The Company may send you from time to time, via email or any other media, information regarding its services as well as marketing and commercial information including professional materials, updates, advertisements, notices and various offers based on the information in its databases, and including using different aspects of the information (hereinafter: "Direct Marketing").
c. This information will be sent to you only if you had given your consent thereto, including when subscribing to the Website or at another date, and so long as you have not cancelled said agreement, or as far as it is permitted by law.
d. The Company does not provide Direct Marketing services to others and will not forward your details and the information collected in your regards to third parties, for Direct Marketing services, unless you had given your consent thereto. However, the Company may use your details to send marketing offers on behalf of third parties, and only that your details will not be delivered or passed in any way to the aforesaid third parties, without your consent. The Company may also use service providers on its behalf in this framework and forward details and information to them as aforesaid, subject to the latter's undertaking of confidentiality.
6. Delivery of Information to a Third Party
The Company does not share Personal Information and the information collected regarding your website activities (as far as such information identifies you personally) and will not forward this information to third parties with the exception of the following cases:
a. We had received your consent – we will share Personal Information with third parties. For this matter, "Consent" – informed explicit or implicit consent.
b. If you take part in a third party's content activity or the Company's joint activity with a third party which is displayed on the Website. In such cases the third party will receive the relevant information required thereby for the management of the relevant activity and the making or maintaining of contact with you.
c. We may allow you to share the activities you participate in on the Website with your friends on social networks such as Facebook and others using devices and components such as Share and Like buttons. We will not provide personal information to social networks as aforesaid; however you should know that they may cross reference the abovementioned information with the one they have via your social network profile. Any sharing as aforesaid is subject to the use policy on the relevant social network.
e. Legal reasons:
• If the Company receives a court order to deliver your details or the information in your regards to a third party.
• If it is required, in the Company's opinion, for and/or as part of any dispute, argument, claim, demand or legal proceedings should there be any, between you or a third party and the Company.
• If you breach or try to breach the Website's use terms or of any of the services offered by the Company or directly or by another body, take actions which are perceived as against the law, the Company may deliver the Information to any competent authority.
• In any case where the Company believes the Information should reasonably be delivered to prevent damage to you or your property or to a third party or to its property or to the Company.
• In any case where there is a permit and/or duty by law to deliver the Information.
f. For the avoidance of doubt, it is made clear that the databases serve all the bodies which are included in the Company for the goals detailed hereto and in the Website's statute.
7. Third Party Advertisements
a. The Company allows or may allow third parties to run the advertisements system on the Website and/or assist in the management of the system as well as uses or may use systems on behalf of other companies to run the advertisement display on the Website.
8. Data collection for Statistical Purposes
The Company may use different companies which provide it with statistical data regarding the use of the Website. The Companies collect and analyze this information regarding the scope of use of the website, the frequency of its use, the users' access sources, and the like. The information collected is statistical in nature and does not identify the user personally and is designed for analysis, research, and control.
9. Information Confidentiality
a. The Company dedicates resources and uses serious measures to prevent the Website from being hacked into and to foil any possible damage to the clients and the Website's user's privacy. However, disruptions cannot be avoided absolutely. You will have no argument and/or demand and/or claim against the Company and/or anyone on its behalf due to damages, malfunctions, and/or disruptions as aforesaid, and you waive any claim as aforesaid.
b. The Company uses the customary precautions to protect, as much as possible, the confidentiality of the Information. Despite the aforesaid, there may be injury to the confidentiality of the Information due to cases which are not under the Company's control or which are as a result of Force Majeure or a malicious act by a third party. You know and confirm and agree that the Company will not be responsible for any damage of any kind whatsoever, direct or indirect, that you and/or anyone on your behalf may incur should the Information be lost, exposed, or used without permission in any way whatsoever.
11. Contacting Us
Updated: August, 2014