Terms of Use and Legal Limitations
General
Welcome to erez-tiroche.co.il (the “Website”), which is managed and operated by Erez-Tiroche Development and Construction Ltd. (the “Company”).
These Terms of Use apply to the use of the Website and any other website established or to be established by the Company, whether independently or jointly with others. For the avoidance of doubt, the term “Website” refers to the Website in its entirety and to all content of every kind contained therein, including all information and content included on the Website, whether visible to users or not. The term “Website” shall also include sections of the Website accessed through other addresses or similar domain names.
Use of the Website is subject to the provisions and conditions set forth in these Terms of Use and in the Website’s Privacy Policy, which together constitute the legal basis governing all matters between the user and the Company relating to the Website and its use. These Terms of Use and the Privacy Policy shall hereinafter be referred to collectively as the “Terms of Use.”
By using the Website, you indicate your full and unconditional acceptance of the Terms of Use, and your use constitutes acceptance by conduct. Users are requested to read the Terms of Use carefully.
These Terms of Use apply equally to all genders. Any use of gender-specific language is for convenience only.
The Website is intended for users who are 18 years of age or older.
The section headings below are provided solely for convenience and reference and shall not be used in interpreting these Terms of Use.
Website Content and Information
The content and information presented on the Website, collectively referred to as the “Information,” are provided solely as general and informational content on an “AS IS” basis.
The Information presented on the Website does not constitute a recommendation, opinion, advice, offer to purchase any product or unit in any project, or offer to provide any service. Any reliance on the Information is solely at the user’s own risk. The Company shall not be liable for any consequences resulting from the user’s reliance on the Information or for the suitability of the Information for the user’s purposes or needs.
The Company assumes no responsibility for content originating from third parties and does not guarantee the accuracy of such content.
Where the Website includes images of accessories, furniture, kitchens, countertops, products, or other items, collectively referred to as the “Products,” such images are displayed solely for illustrative and demonstration purposes. The Products are not necessarily included in the projects or residential units presented on the Website.
Where prices for units, properties, or services are displayed on the Website, the prices shown represent minimum or “starting from” prices for the applicable type of unit, property, or service. Such prices may not include every addition, accessory, or supplementary service that may be associated with them. The Company reserves the right to update or correct the prices at any time.
The Company makes reasonable efforts to ensure that the Information included on the Website is accurate and current. However, certain content may be incomplete, and technical or other errors may occur, including errors in software components. The Company shall not be liable for any damage, expense, or loss incurred by users as a result of such errors or inaccuracies.
In the event of any contradiction or inconsistency between the Information displayed on the Website and the Company’s official information maintained at its offices, the Company’s official information shall prevail.
In addition, and without derogating from any provision of these Terms of Use, if there is any contradiction or inconsistency between the Information displayed on the Website and an agreement signed between the user and the Company, the provisions of the signed agreement shall prevail.
Plans displayed on the Website are not final and are provided solely for illustration, demonstration, and general impression. The plans are subject to changes based on the building permit, the instructions and approvals of the planning authorities, and any permit authorizing modifications.
The apartment area stated in the plans has been calculated in accordance with the provisions of the specification attached to the Sale of Apartments Order (Form of Specification), 1974.
The only binding documents, including binding sale plans, shall be those attached to the agreement, if any, signed between the parties, and they shall remain subject to the terms of that agreement.
The dimensions shown in the plans are measured before plastering, painting, and cladding. Users may not rely on the plans.
The transmission of information to or from the Website shall not create any legal relationship between the user and the Company, except for the user’s legal obligations as specified in these Terms of Use. The rights of the parties are limited to those expressly set forth herein, and neither use of the Website nor any communication through it shall grant any additional rights.
The Company may restrict access to the Website or any part thereof to specific categories of users, its customers or certain customers, registered users, or users who agree to additional terms established by the Company.
User Obligations
The user undertakes to use the Website in accordance with applicable law and these Terms of Use.
The user undertakes not to cause any damage to the Company or the Website and shall not perform or assist in performing any action that may cause damage to the Company or the Website.
The following activities are prohibited. The user may not perform them or permit any third party to perform them:
- Use the Website or its content for any illegal, immoral, unauthorized, or prohibited purpose.
- Use the Website or its content for commercial or non-private purposes.
- Violate any applicable law in connection with the use of the Website.
- Copy, reproduce, distribute, sell, market, or translate any Information from the Website, including trademarks, images, text, or computer code.
- Remove or separate from the Website or its content any restrictions, notices, or markings identifying proprietary rights belonging to the Company or anyone acting on its behalf.
- Violate or infringe the rights of users, including privacy or other rights.
- Collect personal information about users, whether manually or through robots, spiders, crawlers, search or retrieval applications, or any other manual or automated process, system, or method used to access the Website or retrieve, collect, or extract information.
- Upload, send, or transmit any material containing a computer virus or other computer code that may damage, interfere with, or restrict the use of the Website, servers, hardware, or software.
- Interfere with, interrupt, or disrupt the Website in any manner, including by interfering with the operation of the server or computer networks connected to the Website.
- Perform any action that creates or may create an excessive burden on the Website or its operation.
- Circumvent any measures used by the Company to prevent or restrict access to the Website.
- Copy, correct, alter, modify, adapt, transfer, make accessible, translate, redirect, reverse engineer, convert binary code into source code, decompile, or separate any part of the Website or its content.
- Publicly display, create derivative works from, perform, distribute, sublicense, commercially exploit, sell, lease, transfer, lend, process, collect, or combine with other software any material subject to the Company’s proprietary rights, including its intellectual property.
- Sell, license, or commercially exploit any use of or access to the Website.
- Place the Website or any part thereof within a frame on another website or application, or incorporate it into another service.
- Violate these Terms of Use.
- Misuse the Website or use it in an abusive, immoral, or otherwise harmful manner toward other users or the Company.
Disclaimer and Limitation of Liability
The Company and anyone acting on its behalf shall not be responsible or liable for any damage of any kind, whether direct, indirect, consequential, or special, incurred by the user or any third party in connection with the use of the Website.
The Company makes efforts to ensure that the Information presented on the Website is current. However, the Information may be incomplete or outdated and may contain technical or other errors.
The Company is not responsible for inaccuracies or errors in the Information or in connection with it. The user undertakes to verify the accuracy of the Information independently.
Any reliance on the Information presented on the Website is solely at the user’s own risk. The Company shall not be liable for any damage caused to the user as a result of reliance on the Information or because the Information was unsuitable for the user’s purposes or needs.
Use of the Website is entirely and exclusively at the user’s own risk. The user releases the Company and anyone acting on its behalf from any liability for damage, loss, expense, disadvantage, or other adverse consequence that may be incurred by the user or anyone acting on the user’s behalf in connection with the Website.
The Company makes reasonable efforts to ensure the availability of the Website. However, the Website is a technical service and, by its nature, may be subject to unexpected malfunctions. Website activity may be interrupted, discontinued, suspended, or delayed, either permanently or temporarily, including as a result of circumstances or events beyond the Company’s control.
The Company does not warrant that the Website will operate without interruption or malfunction, that any interruption or malfunction will be corrected, or that the Website will be free of bugs, viruses, or other harmful components.
The Website is provided “AS IS.” Neither the Company nor anyone acting on its behalf makes any representation or warranty, whether express or implied, direct or indirect, concerning the Website or the Information, including their suitability for the user’s needs, accuracy, completeness, or any other matter.
The user agrees and acknowledges that all responsibility associated with use of the Website, including any risk, damage, or expense, whether direct or indirect, that may be incurred by the user or anyone acting on the user’s behalf, even if the Company could have anticipated it, rests solely with the user.
The Company shall not be liable, and the user releases the Company from liability, for any direct or indirect damage, loss, expense, or payment that may arise from use of the Website, even if the Company could have anticipated it.
Indemnification
The user undertakes to indemnify and hold harmless the Company and anyone acting on its behalf from and against any damage, loss, liability, claim, or demand, including legal expenses and attorneys’ fees, arising from the user’s or any third party’s use of the Website or violation of these Terms of Use.
Advertising and Direct Marketing Communications
The Company may offer users the opportunity to receive information from the Company or anyone acting on its behalf regarding benefits, promotions, discounts, projects, and other marketing information, including advertising messages as defined under the Israeli Communications Law (Telecommunications and Broadcasting), 1982, hereinafter respectively referred to as the “Messages” and the “Communications Law.”
By submitting their details through the Website, users expressly consent to receive the Messages through electronic means, including email, SMS messages, and similar communication channels.
The user’s consent to receive the Messages constitutes express consent to receive advertising materials in accordance with the Communications Law.
Intellectual Property
The Website and all associated copyrights, patents, designs, trade secrets, materials, applications, graphic designs, logos, files, code, images, trademarks, and the arrangement and presentation thereof, collectively referred to as the “Intellectual Property,” belong to the Company or to a third party that has authorized the Company to use them. They are protected under applicable Israeli and international laws.
Permission to use the Website does not grant any license or right to use the Intellectual Property, including by copying, correcting, modifying, reproducing, transmitting, displaying, publishing, transferring, selling, or distributing it in any manner, without the Company’s prior written consent.
No Information from the Website, including Intellectual Property such as trademarks, images, text, and computer code, may be copied, reproduced, distributed, sold, marketed, or translated without the Company’s express prior written permission.
Links to Third-Party Websites
The Website may provide links, hyperlinks, or banners leading to applications or websites that are not operated by the Company, collectively referred to as “Links.”
The Company does not supervise or review such third-party applications or websites and does not verify their reliability, legality, security, or other characteristics. The Company has no control over them.
Accordingly, the Company assumes no liability and is released from all responsibility for any damage, loss, or expense of any kind, whether direct, indirect, incidental, or consequential, incurred by the user or any third party in connection with the use of such applications, websites, webpages, or any content published through them.
Governing Law and Jurisdiction
These Terms of Use, including any amendment or revision thereof, and the use of the Website shall be governed by the laws of the State of Israel, without regard to conflict-of-law principles.
Exclusive jurisdiction over any dispute or claim arising from or relating to the use of the Website shall be vested in the competent courts of Tel Aviv–Jaffa, Israel.
Miscellaneous and Additional Terms
The Company may amend or update these Terms of Use at any time, without prior notice and at its sole discretion. The Company may also modify the nature or content of the Website or discontinue its operation, subject to applicable law.
The binding version of the Terms of Use shall be the most current version published on the Website at the time of use.
Users are requested to review the Terms of Use periodically and before using the Website and to remain informed of any amendments or updates. Continued use of the Website following an update shall constitute the user’s acceptance of the updated Terms of Use, including all amendments made thereto.
If any provision of these Terms of Use is determined by a court of competent jurisdiction to be unlawful or unenforceable, notwithstanding the parties’ intentions, such determination shall not invalidate the remaining provisions or the remaining portions of the provision that was invalidated or limited.
Nothing in these Terms of Use shall derogate from any right granted to the Company or anyone acting on its behalf under applicable law.
The Company reserves the right to modify the Website, add or remove content, and suspend or discontinue the Website’s operation at any time without prior notice.
The user may not assign or transfer any rights or obligations under these Terms of Use to another person or entity.
The Company may assign or transfer all or part of its rights and obligations under these Terms of Use to any third party at its discretion, without any obligation to publish notice of such assignment on the Website.
Contact Us
For any question or concern regarding these Terms of Use or the Website, please contact the Company at:
By using the Website, the user represents and confirms that they have read these Terms of Use, understood their contents, and agreed to their provisions.
The user hereby waives in advance, and shall not be entitled to assert, any claim or demand against the Company or anyone acting on its behalf with respect to matters governed by these Terms of Use.
Last updated: November 2024