Introduction

Welcome to http://www.ashtrom.co.il the Site owned by the Ashtrom Group (respectively, the “Site” and the “Group”), which offers services of the Group, as well as by corporations controlled by the Group, as detailed at ______________ (link), including the following corporations: Ashtrom Contracting Ltd.; Ashtrom Engineering & Construction Ltd.; Ashtrom Jerusalem; Ashtrom North Construction Ltd.; Ashcrete Industrialized Construction Plants Ltd; Base Pile Ltd.; Drachim AK Construction and Infrastructure Ltd.; Melet Mivnim Ltd.; Ashtrom Industries Ltd.; Sorek Hatziva Ltd.; Netivei Edomit (2011) Ltd.; Israbeton Concrete Industries Ltd.; Ashkalit 268 Ltd.; Ashbond Ltd.; Studs P.O.W.E.R Ltd; Itumit Ltd.; Zahavi Atzmon Ltd.; Ashstrom Technologies Ltd., Ashstrom Court Bat Yam, Limited Partnership; Ashstrom Ben Gurion Dormitory, Limited Partnership; Ashstrom Development and Investment Company Ltd.; Ashdar Construction Company Ltd.; Ashstrom Residence for Rent Limited Partnership; Ashstrom International Ltd.; Ashstrom Renewable Energy Ltd.; and Ashstrom Properties Ltd. (the Group and the corporations above, collectively, “Ashtrom” or the “Group Companies”). The list of Group Companies may be updated from time to time, as detailed in the link above to the Group Companies.

The “Site” – means, for the purposes of these Terms of Use, the Group’s Site at http://www.ashtrom.co.il and within this framework all the contents, materials, services, interfaces, platforms and/or Information of any kind presented on the aforementioned Site, including any text, image, graphics, drawing, sketch, photograph, document, procedure, guide, agreement, registration, logo, audio-visual content, and animation displayed on said Site (above and below, the “Site”).

1.1         The use of the Site is subject to the provisions and terms and conditions stipulated herein (“Terms of Use”) and the Site’s privacy policy (“Privacy Policy”), which will form the legal basis underlying any matter between the users (the “User” or the “Users”) and the Group Companies (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 Site.

1.2         The use of the Site constitutes the User’s acceptance of the Terms of Use, and the User has read the Terms of Use carefully and meticulously, understands them and agrees to be bound by them with no exception. To the extent that the User does not agree with these Terms of Use, the User must refrain from making any use of the Site.

1.3         These Terms of Use apply equally to all genders.

1.4         By using the Site, the Users declare that they are adults (over the age of 18) and capable of performing legally binding actions.

1.5         Headings are for convenience of reference only and shall not affect the interpretation or construction of these Terms of Use.

1.6         The Terms of Use apply to the use of the Site 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 Site

2.1         The content and information presented on the Site (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 units in the various projects of any of the Group Companies. For the avoidance of doubt, it is clarified that any reliance on the Information presented on the Site is the full responsibility of the User and the Group Companies will not be held responsible for and in connection with any damage suffered by the User as a result of the User’s reliance on the Information and/or the extent to which the Information is adapted to the User’s use and/or needs.

2.2         Without detracting from the above, it is hereby clarified that if any financial information is provided on the Site, this Information refers to the date of the financial report from which it was taken and does not necessarily reflect the situation as of the date of its publication and appearance on the Site. Any financial or commercial Information that appears on the Site is provided for convenience only, and only the Information reported by any of the Group Companies in the official publications of any of the Group Companies (if any) to the Securities Authority and the Tel Aviv Stock Exchange Ltd. shall be binding.

2.3         The Information on the Site may include forecasts, estimates, assumptions and other Information relating to any of the Group Companies or to future events and matters, the degree of materialization of which is uncertain and is not under the control of any of the Group Companies (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 any of the aforementioned Group Companies and their businesses, facts and data regarding the current status of the field of activity in which the aforementioned Group Company operates in its territory, and macroeconomic and other facts and data, as known to the Group Company at the time of building this Site.

2.4         Clearly, forward-looking information does not constitute fact and is based only on the subjective assessments of some of the Group Companies. 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 any of the Group Companies. The realization or non-realization of the forward-looking information will be affected, inter alia, by risk factors that characterize the activities of some of the Group Companies, as well as by general developments and by the external factors that affect the activities of the Group Companies, which cannot be evaluated in advance, and which are not under the control of the Group Companies. The actual results and achievements of any of the Group Companies in the future may be materially different from those presented on this Site. The Group Companies do not undertake to update, or change said forecast or assessment in order to reflect events or circumstances that will apply after the date of publication of the Information on the Site and do not undertake to update this Site.

2.5         Any Information or opinion presented on this Site shall not be interpreted as a recommendation and does not constitute an offer or solicitation for the purchase or sale of securities of any of the Group Companies (as applicable) or of companies related thereto or of any other company. Any investment decision should be based on professional advice from a qualified party only. Efforts are made so that the Information presented on the Site 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 Group is not responsible for inaccuracies and mistakes made in the Information and in connection therewith.

2.6         To the extent that the Site includes Information in connection with plans for residential projects, the housing units in the projects, specifications, photos of the units and the projects and simulations of the projects, the housing units displayed on the Site and more (collectively, the “Plans”), these are presented for illustration and demonstration purposes only and are not necessarily identical to the plans which oblige any of the Group Companies; therefore, the User cannot rely on the Plans. For the avoidance of doubt, it is clarified that only the Plans attached to the agreement entered into by the User and any of the Group Companies, to the extent such is entered into, shall bind that Group Company (and without anything in the above and/or on the Site forming any offer and/or undertaking to enter into such an agreement on the part of the Group Company). Photos of accessories, furniture, products and more (collectively, the “Products”) are displayed on the Site for illustration and demonstration purposes only and the Products are not part of the projects and the housing units in the projects. It is clarified that only the specification attached as an annex to the agreement entered into by the User and any of the Group Companies, to the extent such is entered into, shall bind said Group Company (and without anything in the above and/or on the Site forming any offer and/or undertaking to enter into such an agreement on the part of the Group Company). In case of any contradiction or inconsistency between the Information displayed on the Site and information contained in the official documents of any of the Group Companies located in its offices, the official information of the Group Company shall prevail.

2.7         In addition, and without derogating from the provisions of the Terms of Use, in the event of any contradiction or inconsistency between the Information presented on the Site and the agreement and its annexes entered into by the User and the Group Company, to the extent such were entered into, the agreement and its annexes shall prevail. Nothing in the above and/or on the Site constitutes an offer and/or undertaking to sign an agreement between any of the Group Companies and the User and/or an undertaking and/or representation regarding any of the terms of said agreement, and said engagement is subject to the sole discretion of the aforementioned Group Company.

3.      Use of the Site

3.1         The Users undertake to use the Site in accordance with the provisions of the law and the provisions of the Terms of Use.

3.2         The Users will not cause any harm to any of the Group Companies and/or to the Site and, among other things, they will not carry out or assist in carrying out actions that may cause any harm to any of the Group Companies, and, inter alia, the Users will not carry out the following actions:

3.2.1         Use the Site and/or its content for any illegal, immoral, unauthorized and/or prohibited purpose.

3.2.2         Use the Site and/or its content for commercial or non-private purposes, without the express and prior written permission of the Group.

3.2.3         Remove or separate from the content and/or from the Site any restrictions and signs indicating the proprietary rights of any of the Group Companies or their licensors, including all the proprietary notices that appear therein (such as © TM or ®).

3.2.4         Violate and/or prejudice the rights of Users to privacy and other rights, or collect personal information about Users, either manually or through the use of any robot, spider, crawler or any other application.

3.2.5         Search or retrieve, or use of any other manual or automated means, process or method in order to enter the Site and retrieve, collect and/or extract Information.

3.2.6         Damage or disrupt the operations of the Site or the servers or networks that store the Site.

3.2.7         Violate the provisions of any law in connection with the use of the Site.

3.2.8         Perform any action that creates or may create an overload on the Site’s infrastructure.

3.2.9         Bypass the means applied by the Group to prevent or limit access to the Site.

3.2.10      Copy, modify, alter, adapt, transmit, make available, translate, reference, reverse engineer, convert binary code to open source, decompile, or disassemble any part of the content or Site, 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 material subject to the proprietary rights of any of the Group Companies, including intellectual property of the Group Companies.

3.2.11      Sell, license, or exploit for any commercial purpose any use or access to the Site.

3.2.12      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 Site and/or the content of the Site and the provisions of these Terms of Use, the provisions of these Terms of Use shall prevail.

4.      Intellectual Property

4.1         The Site, 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 Group Companies and/or to a third party who has allowed the Group to use them, and are protected by the relevant national and international legislation.

4.2         Permission to use the Site 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 Group.

4.3         Users may not copy, reproduce, distribute, sell, market, and translate any Information from the Site (including Intellectual Property and, inter alia, trademarks, images, texts, and computer code) without obtaining the express and prior written permission of the Group.

5.      Disclaimer

5.1         The Group Companies and 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 Site.

5.2         The use of the Site is the full and exclusive responsibility of the User, and the User holds harmless the Group Companies and anyone on their behalf in respect of any damage and/or loss and/or expense and/or shortfall that may be incurred by the User and anyone on behalf thereof, in any way in connection with the Site.

5.3         The Group invests efforts to ensure the maintenance and availability of the Site; however, this is a technical service, which by its very nature may cause unexpected malfunctions, and the activity on the Site may be interrupted, disrupted, or delayed, permanently or temporarily, including due to factors or events that are beyond the Group’s control.

5.4         The Group does not guarantee that the Site will operate without interruptions and/or malfunctions, or that interruptions and/or malfunctions will be repaired, or that the Site will be free of bugs, viruses or other harmful components.

5.5         The use of the Site is AS IS without the Group Companies and those on their behalf making any representation, whether explicit or implicit, directly or indirectly, in connection with the Site 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 Site, 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 Group Companies could foresee them in advance, in connection with the use of the Site, in whole or in part, are the responsibility of the User only.

5.6         The Group Companies will not be responsible, and the User releases the aforementioned Group Company from liability for any damage, loss, expenses and payments, direct or indirect, that may be incurred by the User, even if the aforementioned Group Company could have foreseen them in advance, as a result of the use of the Site.

5.7         The User hereby undertakes to indemnify and compensate the Group Companies and 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 Group Companies and/or anyone on their behalf, by the User and/or any third party in connection with the User’s illegal use of the Site and/or breach of these Terms of Use.

6.      Links to Third Party Sites

6.1         The Site may offer links, hyperlinks or banners to other websites, which the Group does not supervise or monitor, and the Group Companies and/or anyone on their behalf will not bear any liability and are released from any liability in connection with the use of the other websites and/or or such web pages and/or the content published thereon.

6.2         The Group does not guarantee that the links found on the Site 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 any of the Group Companies has reason to suspect that the User breached the Terms of Use and/or the provisions of the law and/or an applicable agreement between the User and/or anyone on behalf thereof and any of the Group Companies, said Group 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/or anyone on behalf to the Site.

7.1.2         Demand and/or claim against the User and/or anyone on behalf thereof any remedy to which they are 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 Site and anything related thereto.

9.        Changes and Updates

The Group 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 Site will bind the User. The User’s continued use of the Site 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 any of the Group Companies and/or to anyone on its behalf under any law.

10.3     The Group reserves the right to change the Site, add or remove content, as well as suspend or terminate the Site’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 privacy@ashtrom.co.il in case of any question regarding the use of the Site.

Updated in January 2024.