The trademarks in the Website, are trademarks of the Company (whether registered as such or otherwise). You are not authorized to make any use of them, or to duplicate or copy them in any form. All proprietary rights in the intellectual property, the Website and the services, including the design of the Websites through which such use is performed, as well as any software, Website, computer code, graphics files, texts, and any other materials included in the Website (aside from third-party contents) are the exclusive property of the Company or of third parties, and shall remain their property at all times.
1. The following terms shall have the meanings ascribed alongside them, unless expressly stated otherwise:
1.1. A “Device” means a computer, communications equipment (including the modem), telephone device, cellphone device (including smartphones) and any other equipment, hardware or software that you use in your consumption of the Services, as well as any accompanying functions thereto, including information security.
1.2. The “Website” of the Company in the address https://www.aquamaof.com/.
- Use of the Website
2. You are hereby authorized to make use of the Website in accordance with the rules and guidelines set out below. The Website may not be used in any other manner without obtaining the express prior written consent of the Company.
In order to make use of the Website, you may be required to provide basic information about yourself such as your full name, e-mail address, address and telephone number. (the “Personal Data.”)
3. The User is responsible for confirming that the Device they use to connect to the Website meets the minimum technical requirements allowing the User to access the Website and use it, and for confirming that their Device is compatible with the use of the Website.
4. You are hereby authorized to use the Website solely for private and personal purposes, and you may not copy and use, or allow others to use, the Website in any way and for any purpose, whether commercial or otherwise, that is not for the purpose of personal and private use.
5. No computer Website or other means may be operated or allowed to be operated, including software such as Robots, Crawlers and similar, for the purpose of automatically searching, scanning, copying or reconstructing content from the Website. This includes using such means to create a collection, reserve or database including contents from the Website.
6. Contents from the Website may not be displayed in a frame, whether revealed or hidden.
7. Contents from the Website may not be displayed in any manner – including using any software, Device, accessory or communication protocol – that alters the Website design or removes any contents from them, including, in particular, advertisements and commercial content.
8. Do not link the Website to any website containing pornographic content, content inciting to racism or unlawful discrimination, illegal content, or whose advertisement is illegal or incites to illegal activity.
9. Do not link content from the Website unless it is the homage of the Website (Hyperlink) and the linked page of the Website is linked as is (AS IS), so that it can be used and be view as it is on the Website. It is prohibited to link content from the Website, which is detached from the Website pages (Example: You cannot directly link to an image or graphic file on the Website). The Website address should be shown in the address bar on your browser (status bar). Do not change, distort or hide this address.
10. The Company may instruct you to cancel any such Hyperlink upon its sole discretion. In this case, you will immediately delete the Hyperlink and you will have no claim, demand or claim on the Company in this matter.
12. The Company shall not be liable for any damages resulting from any link to the content of the Website and any presentation or publication of such content in any other way. You are fully and exclusively responsible for any linking, displaying or posting of the content made by you and you undertake to indemnify the Company for any damage that may result.
13. Embedding Videos (Embedding) – Do not embed videos from the Website without the prior written consent of the Company. The Company reserves the right not to allow videos to be embedded and / or to change the link to the video without having to notify you in advance and you will have no claim, claim and / or demand against the Company for making such changes and / or malfunctions as they occur. The Company may instruct you to cancel any such Embedding at its sole discretion – in this case you will immediately cancel the embedded link and you will have no claim, demand and / or claim against the Company in this matter. The Company will not be held liable for any damage caused by the Embedded link of videos from the Website. You are fully and exclusively responsible for any embedded link made by you, including the arranging of copyright and payment to the relevant copyright / executive associations in accordance with any law, and you undertake to indemnify the Company for any damage that may result from it.You hereby undertake not to perform the following actions (in whole or in part):
13.1. Impersonating any person or legal entity apart from the User of the Services.
13.2. Providing false, misleading, inaccurate or incorrect information when registering with or using the Website.
13.3. Uploading, sending or broadcasting any materials containing any kind of computer virus, or any other computer code intended to ruin, disrupt, or limit the use (including any other use, apart from fair and reasonable use of the Website) of any of the computers, servers, hardware or software used by the Company to provide the Services.
13.4. Distributing spam mail or any other mail using the servers through which the Services are operated.
13.5. Altering, processing, adapting, sublicensing, translating, selling, reverse-engineering, dismantling or reconstructing any of the parts of the code that comprise the Website, as well as any such actions in respect of the hardware or software used in the provision of the Services.
13.6. Any violation of the copyrights, trademarks or other intellectual property rights found in the Website or in the framework of the Services.
13.7. Transferring or receiving the Services or any part thereof, or displaying any part of the Website, in a frame within an internet page or other Website, or as a part of another internet page or Website (a mirror), or as a part of another service, without the express written permission of the Company.
13.8. Using Robots, Spiders, data search and recovery engines, or any other automated tools or manual tools intended to index, recover and locate data found in the Services or the Website, or such tools intended to expose the structure of the database and code contained in the Services or the Website.
13.9. To disrupt, in any other manner, or interrupt the Services or the Website, including by disrupting the activity of the server and the network of computers connected to the Services, the Website, or the network of computers connected thereto.
13.10. Uploading or sending, through the Services, any materials or messages that are illegal, immoral or offensive in any manner, or that are irrelevant.
13.12. Without derogating from the foregoing, the Company may remove or edit messages you upload to the Website, at its sole discretion (to the extent that uploading such messages is made possible in the framework of the Services provided through the Website).
13.13. You hereby undertake not to make any illegal use of the Services or the Device.
13.14. You hereby undertake not to may any use of the Website that could violate the copyrights or intellectual property rights of the Company, of companies that advertise their services through the Website, or of any other party.
13.16. The User undertakes not to store data displayed in the Website using various types of software, nor to distribute data displayed in the Website in public in a commercial manner or framework, or for any other purpose. The Website may not be presented in a different design or graphical interface other than those determined by the Company, other than subject to the prior written consent of the Company. The Website may not be displayed in a manner that derogates from the form of any contents contained therein.
13.17. No content contained in the Website may be removed or altered.
- Property and Intellectual Property
15. Do not copy, distribute, publicly display, publicly perform, transfer to the public, amend, process, create derivative of, sell or lease any part of the foregoing, whether on your own or through or in cooperation with any third party, in any way or using any means, whether electronic, mechanical, optical, through photographic or recording means, or any other means, without obtaining the prior written consent of the Company or other rights holders, as applicable, and subject to the terms of such consent (if any). This provision is effective in respect of any processing, editing or translation performed by the Company on contents input or provided by you to the Website.
16. If and to the extent that such consent is granted, you must refrain from removing, deleting or obscuring any message or symbol in respect of the intellectual property rights, such as copyright symbols (©) or commercial symbols (®) associated with the contents that you use.
17. Trademarks and advertisements of parties advertising in the Website are the sole property of such advertisers. No use may be made of these, as well, without the prior written consent of the advertisers.
18. You hereby grant the Company irrevocable and unconditional permission to make use of your information that you provided the Company in the course of registering or in the course of browsing a wwebsite, or other information about you that was collected while you browsed the website, to create anonymous statistical data, including generating Averaged Data, Aggregated Data, performance tests or Benchmarks; user preferences, comparisons, recommendations or other calculations, or creating derivative products based on the information provided by you or collected about you, whether combined with information received from third parties or otherwise (said actions and their products being jointly termed “Statistical Data”). Without derogating from the foregoing, it is clarified that the Statistical Data is the sole property of the Company, and that it owns all rights, including copyrights and intellectual property rights, in respect of the Statistical Information. The Company shall hold an unlimited right to use, update, alter, improve, sell, lease, create derivatives of or make any other use of the Statistical Data, without being required to give notice or bear any other duty or liability toward you. To avoid any doubt, you hereby assign all rights in the Statistical Data to the Company, and hereby waive any right in the Statistical Information or any claim in connection with the use thereof.
19. The Company shall be entitled, at any time and without prior notice, to give notice of inaccurate or erroneous information you provided to it; to restrict your access to the Services; and to refuse to provide you with the Services in the event of the occurrence of one or more of the following:
19.2. It is unable to verify and/or to validate information you provided, or it discovers that any information the User provided in their registration as a User was false or erroneous;
19.3. It believes that your use of the Services represents a financial risk, fraud or a reasonable risk of same;
19.4. It believes that your activity may cause you, the Company or its community of customers financial loss or legal liability.
- Liability and Risk
20. While the Company attempts to ensure that all data contained in the Website is correct and accurate, the Website is not intended to serve as a source of authority or reference that may be relied upon. The User agrees that use of the Website is on an “As-Is” basis, and that the Website’s availability is “As-Available.”
21. It is clarified that the Company’s systems, by virtue of being based on software, hardware and communications networks, are exposed to the risks inherent in systems of these kinds, including harmful software (viruses, trojan horses etc.), wiretapping, infiltration by hostile parties, identity theft and other online fraud. The Company invests efforts in protecting against these risks; however, it is not possible to completely allay these risks, and damages or losses may be incurred as a result of the realization of any of these risks, including the exposure or corruption of information provided to or displayed by the Website, including the corruption of instructions/requests; unauthorized account activity; corruption of the use of the Website or its response times, including the failure to perform, faulty performance or delayed performance of any instruction/request; unavailability of the systems or any of their Services; and so forth.
23. The Company shall not be obligated or liable, directly or indirectly, to compensate for any damages incurred as a result of information published in the Website, from use or from the inability to use the Services, or from the options displayed by the Website, or in connection with any of these. The Company shall not bear liability toward the User for any business loss, consequential loss, indirect loss, loss of profits, proceeds, contracts, data, goodwill or any similar loss, and any liability that the Company does bear for such losses incurred shall be limited solely to losses that could have been reasonably foreseen.
24. Without derogating from the provisions of this Agreement, the Company is exempted from liability for any damages, losses or expenses you may incur, directly or indirectly, as a result of one of the following events/factors:
24.1. Information on a website that was not published by the Company;
24.2. Corruption of data or instructions, or failure or delay in performance of instructions as a result of malfunctions or other disruptions in the lines of communication and/or electronic functionality or mechanical failure, whether on your part or between the Company and any third party through which instructions and data are transferred;
24.3. Faulty performance of any software or hardware in your possession, or any damage incurred to a Device as a result of use of the Website;
24.4. Loss of any data;
24.5. Your exposure and disclosure of information to any third party as a result of your use of the Services; or as a result of your provision of inaccurate information; or as a result of you giving your Device to a third party, including for the purpose of repairing your Device, and including in the event that such third party views information received from the Company on your Device or performs different actions in the framework of the Services; and you undertake to bear any damages, loss or expenses incurred to you or the Company in connection therewith.
25. It is clarified that the foregoing does not derogate from your responsibility in respect of your Device, including in respect of its security. Furthermore, it is clarified that certain actions performed with the Device, such as “jailbreaking” it, are likely to harm the security of the Information and the Services, in addition to some such actions being illegal and forbidden.
27. In order to receive the Services from the Company, you may be required to input Personal Data about you. The data provided to the Company may be verified against information about you already in the Company’s possession, or similar information supplied to the Company, or against any similar information in the possession of any third party that is legally provided to the Company.
28. By registering with the Website and using your services, you warrant that you are aware that you are not under any legal obligation to provide the information that you have provided, and that you provide this information with your full consent and of your own free will.
29. Transfer to third parties. The information provided by the User shall not be kept by the Company and shall not be delivered to any third party, except in the following cases:
29.1. If it is required to do so by judicial order or by law;
29.2. If you receive a warning that legal action has been instituted against it for actions performed by the User, or in the event of a claim, lawsuit, demand or legal proceedings, if existing, between the User and the Company;
29.4. If a claim is raised or a suspicion arises at the Company, that the User committed an act or omission that harms or may harm the Company, anyone acting on its behalf or any third parties;
29.5. If a claim is raised or a suspicion arises at the Company that the User made or used the Website for the purpose of carrying out an illegal act or to encourage the performance of such an act;
Users shall not have any claim or demand against the Company in connection with the provision of their information, as mentioned, and they hereby waive any such claim or lawsuit.
30. Purpose of transferring the information. The provision of the information constitutes the User’s consent that their information and any data obtained on the basis of an analysis of this information and any information about them that has reached or will reach the Company, be held in one or more databases of the Company or anyone acting on its behalf, to the extent that this is required by law, and that such information shall be used in accordance with the following purposes:
30.1. Marketing, advertising, sales promotion and sales, and for the purpose of contacting the User in any manner, including by way of direct mail, through any media channel that it deems fit;
30.2. Conducting surveys and any other online use in connection with a marketing issue;
30.3. For internal needs, such as the need to investigate complaints;
30.4. For mailing marketing and advertisement materials;
30.5. For analysis and delivery of statistical information to third parties. In this case, the data will not include any Personal Data that can identify the User.
31. “Cookies”. “Cookie” Is a small text file that is transferred to your device by a web server. This file is not a computer program and does not have the capability to read the information contained therein, or to perform any activity on it. The purpose of using a cookie is so that the company servers can quickly and efficiently identify you when you come back and visit website and when you visit other websites.
31.2. by using cookies, the Company may, at its discretion, publish information about it on various websites that you will browse (hereinafter: “Third Party Providers“). During your use of these websites, information about you may be collected and the Company may use it as described above.
The Company is not responsible for the operation of third-party providers’ websites or their content. These are completely independent websites. Therefore, it is recommended that you review the privacy policies of each of the third-party providers.
31.3. If you wish to block cookies while browsing a website, you can change the browser settings you use so it will request your approval each time individually, or alternatively refuse them. If you do not know how to do this, you can check the order of the process in the browser help tab you are using. Note that disabling cookies may harm your browsing experience.
32. The Company shall not be considered as infringing a privacy obligation under the Privacy Protection Law, 5741-1981, or infringing the privacy of a User in respect of any information, as defined in the Computers Law, 5755-1995, which may allow others to identify or trace a User, and which arises from use of electronic communications means in general and computer communications in particular.
33. Users who wish not to receive messages via direct mail will notify the Company through the contact mechanisms set out in Section 39 below, site or through the removal mechanism found in any mail item.
34. Subject to your express consent, the Company may use the Personal Data for marketing purposes, including: To send you marketing/advertisement materials through any lawfully permitted means of communication, including by direct mail, e-mail, SMS messages, inter alia, based on data segmentation or your preferences, and those of other users, as recorded during the use of the Services.
- Links to External Pages
35. It is possible that some of the Services will include links to other websites, include links generated by other parties performing advertising in the Website. These links are intended solely for your convenience. Use of the information or other contents found on external websites to which such links may lead should be made with all due caution and diligence. It is clarified that the Company has no control over or rights to the contents found on these external websites. Similarly, the Company bears no liability in the event that you relied and/or performed actions in accordance with the contents of these external websites. The links found in the Services should not be interpreted as a recommendation, preference or approval of the use materials and/or contents and/or products appearing on the external websites. Furthermore, these links should not be interpreted as guaranteeing the reliability, accuracy or completion of information found therein. By clicking the link, you waive any claim and/or demand and/or action against the Company on account of any damage and/or payment and/or loss incurred to you (if so incurred) as a result of reliance and/or use of the information appearing on these external websites.
36. Should you find, in the formation found in the Services or in the information found in the contents of any other service linked thereto, materials appearing to be dysfunctional, illegal, immoral, or that do not meet the expectations of the User, you are requested to notify the Services’ managers through the Company’s contact mechanisms specified below.
- Notices and Notifications
37. Various notices and notifications from the Company, including advertisement mail, may be sent to you by e-mail, by direct post, through SMS messages. Through any other means of communication, to the address provided by you in the registration form for the Services, in the event that you approved receiving such notices and notifications.
38. Use of the Services is subject solely to Israeli law. Unique jurisdiction over all disputes relating to the Website and/or the Services is exclusively awarded to the competent courts of Tel Aviv-Jaffa.