Terms of use and legal restrictions applying to the website: www.levinstein.com (this is a non -binding translation. In case of discrepancies between the Hebrew version and the English version, the Hebrew version shall prevail).

 

Welcome to Levinstein’s website, the terms of use of which are as follows:

  1.         General

1.1     The following terms of use apply to use of the website www.levinstein.com or any other website which has been/shall be established by Levinsten by itself or in conjunction with others and which has no specific regulations (hereinafter: “the site”). For the avoidance of any doubt, the term “the site” relates to the site together with all its constituent parts and the site’s content of any kind, including all the information and content incorporated within the site, whether it is visible to users or not. The term “the site” likewise includes those parts of the site which can only be accessed through other addresses and similar domain names. 

1.2              By using the site you shall be deemed to have agreed with the terms of use, as written and in their entirety, and to have acquiesced by conduct to the terms of use.

The user is requested to carefully read the terms of use.

1.3              The site is managed and operated by Meshulam Levinstein Contracting and Engineering Ltd Group and its subsidiaries and affiliated partnerships (jointly hereinafter: “Levinstein”).

1.4              Access to and use of the site, including its content and the various services provided with it are subject to the terms specified below (hereinafter: “the terms of use”) which regulate the relationship between Levinstein and anyone browsing, viewing, or using the site or the information which it contains and/or receiving information and/or a service which is advertised on the site, directly or indirectly (hereinafter: “the user” or “the users”).

1.5              The user terms apply to use of the site and its contents via any computer or other communication device (such as a cell-phone, smartphone, tablet etc.), whether through the Internet or any other network or media.

1.6              In the terms of use, the words “information” or “content” or “contents” shall be deemed to include information of any kind , including any verbal, visual, audio or audio visual content or any combination between them and the design, processing, editing, distribution and the manner of presentation of the contents including (inter alia): a picture, photograph, drawing, animation, imaging, video, audio file, object, software, file, computer code, application, format, protocol, electronic form, database, interface, character, symbol or icon.

1.7              Any reference to part of the site relates to each specific part of the site’s content, including any page within the site or part thereof, or to any object, attribute, option, application or other part of the site, in its prevailing format.

1.8              In these terms of use “computer” – including any device or instrument which facilitates online access to content, such as a smartphone, tablet, etc.

1.9              For the sake of convenience only the site’s terms of use are drafted in the masculine gender and they apply equally to both men and women.

  1. The site’s contents and the information displayed on it

2.1              The entire site including all the information appearing on it and the software on which it is founded are being offered to users “as is”.

2.2              While Levinstein strives to ensure that the information included on the site shall be accurate and up to date, some content may be incomplete and/or contain technical or other errors, including in its software components. Levinstein shall not reimburse any expense and/or loss incurred or sustained by users as a result of errors and/or inaccuracies in the information as aforesaid.

2.3              The user is aware of and agrees, that access to parts of the site may be conditional and/or influenced by the installation of hardware and software components in his computer, including certain browsers and plug-ins for those browsers. It shall be the user’s responsibility to identify and install at his expense any software component required in order to use the site. Levinstein shall not be responsible for these software components, for any defect in them or for any fault or discrepancy in content presentation resulting from the software components, their installation or non-installation. Without derogating from the generality of the foregoing, access to the site and the contents and their presentation may vary according to the hardware features, operating system and software installed in the user’s computer and to their definitions. Levinstein does not undertake that the contents shall be presented fully and/or identically and/or correctly on different computers.

2.4              Levinstein clarifies that the information presented on the site does not constitute a recommendation, opinion, advice and/or offer to purchase a product and/or unit in any project or to provide a service and any reliance upon the information shown on the site shall be at the user’s sole risk and Levinstein shall not bear responsibility for the user’s reliance upon the information and/or for the degree to which the information accords with the user’s use and/or needs. Levinstein disclaims all responsibility for certain contents originating with third parties and does not guarantee their accuracy.

2.5              The transmission of information to or from the site shall not create any legal relationship between the user and Levinstein, apart from the user’s legal obligations as described in these regulations. The parties rights are those specified in these terms of use, and neither use of the site nor any transmission as aforesaid shall confer any additional rights.

2.6              Prices of units, properties or services where shown on the site are minimal prices (“starting from -“) for the unit, property or service in question and do not necessarily include any addition, accessory, or supplemental service, which may be connected to them. Levinstein reserves its right to update or correct the prices.

2.7              Any plans, for residential projects, project units, specifications, pictures and/or images of units and projects shown on the site are for illustration purposes only; they are not necessarily identical to the binding plans and the user cannot rely upon them. It is clarified that only the plans attached to an agreement signed by Levinstein shall be binding on the parties to that agreement and that additions, accessories, furniture or supplements to products, properties or services which are shown in a picture, image, or plan, are shown for illustration and demonstration purposes only and do not constitute part of the product, the property or the service or its specification. Only the specification included in an agreement signed by Levinstein shall be binding on the parties to that agreement.

2.8              Should an inconsistency and/or discrepancy be found between the content of the site and the information contained in Levinstein’s formal documents at its offices, the information contained in Levinstein’s formal documents at its offices or in the sale agreement between the parties, should one exist, shall be regarded as correct.

2.9              Levinstein may limit access to the site or parts thereof to various types of users and/or to its customers and/or to some of them and/or restrict access to them to users who have registered on the site or who shall confirm their consent to certain special conditions.

  1. Copyright

3.1              The entire site and the information appearing on it, including its content (and also, without derogating from the generality of the foregoing, its design, software applications, the names and trademarks and any other detail appearing on or embodied in it), are the sole property of Levinstein or third parties who have permitted Levinstein to use them and they are legally protected, including under the laws of the State of Israel, international conventions and the laws of foreign states. Without derogating from the generality of the foregoing, the rights in any trademark of Levinstein shall remain in its exclusive ownership and the users may not make any use of it.

3.2              The user undertakes to act in accordance with the aforementioned laws and conventions and is prohibited from changing, distorting, copying, publicizing, distributing, broadcasting, presenting, implementing or duplicating the information, issuing a license, creating derivative works or selling or leasing any part of the information which appears on the site and/or from making use of the names and trademarks presented on the site, without Levinstein’s prior written consent.

  1. Links to other websites

Links to websites which are not operated by Levinstein may appear on the site (hereinafter: “the links”). The links are shown for the convenience of the user only, and Levinstein has no control over these sites and bears no responsibility for their content. The inclusion of the links on the site does not attest to support for the content of these sites or any other connection either to them or to their operators. Levinstein does not vouch for the propriety of the links or that these links are directed to sites which each electronic indicator purports to connect them to. Levinstein may in its sole discretion remove any link from and/or add new links to the site.

  1. Compliance with privacy policy

Levinstein attaches great importance to protecting the privacy of the site’s users. Levinstein’s privacy policy is set out on this site and constitutes an integral part of these terms of use. Since the privacy policy may change from time to time, the user is advised to periodically reread the policy document. Use of the site constitutes the user agreement to the privacy policy.

  1. The user’s obligations

6.1                The user undertakes not to carry out activities on the site which might   prevent others from using or limit their use of the site, nor to use the site in an unlawful manner, including by altering or deleting information or content.

6.2                   The user undertakes not to carry out any activity which constitutes falsification, impersonation, deceit or fraud.

6.3                   The user undertakes not to upload, retrieve, broadcast, distribute or publish information or other content including any type of advertisement, without obtaining Levinstein’s prior express consent.

6.4                   The user undertakes not to make any commercial use of information and content, nor of any part thereof, which he has taken from the site.

6.5                   The user undertakes to indemnify and compensate Levinstein, immediately upon being asked to do so, with regard to any direct or indirect damage and/or any expense which shall be sustained or incurred by Levinstein in connection with a claim and/or demand resulting from use of the site, including any activity which contravenes these terms of use or the provisions of any law, including with respect to any infringing content which the user shall publish on the site.

6.6                   The user agrees that, without prejudice to any other right of Levinstein, should Levinstein suspect that his use is at variance with the provisions of the terms of use and/or any law, Levinstein may take such action it shall see fit in order to protect its property and/or its rights and the rights of other users and inter alia, deny the user access to the site and/or to track his use of the site. It is also clarified, that Levinstein may forward details regarding the user’s identity and the activities which he has carried out on the site to third parties, including in a case where the third parties shall prove, to Levinstein’s satisfaction, that they have been damaged by the user’s infringing activity.

 

6.7                   The user undertakes that should he have received a password, access code or authorization in order to use the site or any part thereof he shall not disclose that password or access code to any other person nor enable any other person to make use of them or the use authorization. The user shall be accountable for any use which shall be made of the site through his password, access code or authorization.

  1. Publication of content on the site which was uploaded by users.

7.1                   Content uploaded by the site’s users is published on parts of the site which have been designated for that purpose, such as communities, discussion groups (forums) and responses (talkbacks).

7.2                   Levinstein encourages freedom of expression and the existence of fruitful debate on the site, with the active participation of the users. However, in order to enable a civil and pragmatic dialogue and prevent abuse of the opportunities which are open to users to express their views on the site, Levinstein may screen this content before and even after its publication on the site. Such screening shall be done in order to try and prevent publication of invective discourse, threats, expressions of vulgarity and defamatory material as well as ostensibly illegal content and/or content which are at variance with the terms of use or the character and objectives of the site. When undertaking such screening, Levinstein may exercise its judgment, which does not have to be based on legal considerations.

7.3                   The contents are not published under the auspices of Levinstein, they do not express Levinstein’s position or opinion and Levinstein gives no warranty as to their validity, credibility, accuracy or legality. Accordingly, Levinstein bears no responsibility for the contents which are uploaded by users, their reliability, credibility, accuracy, integrity or any detrimental consequence resulting from using or relying upon them. The users who submitted them for publication shall bear sole responsibility for the contents as aforesaid and any consequence resulting from them.

7.4                   Those using the site are requested to adopt a careful and critical approach to content which is published online, including content which other users publish on the site. The user of the site must remember that the information presented on the site is no substitute for consultation with professionals where such consultation is necessary.

7.5                   When sending or transferring content for publication on the site, the user shall bear full and sole responsibility for any consequence resulting from that publication. The user must make sure that the content shall be lawful. Inter alia and by way of illustration only, a user is prohibited from publishing the following content on the site (hereinafter: “infringing content”):

7.6                   Whenever it shall see fit in its sole discretion to do so, either on its own initiative or at the request of another person, Levinstein may refuse to publish, or may delete altogether, any content which a user submitted for publication, on the grounds that it constitutes infringing content, or that it could harm the services being provided by Levinstein, its users, Levinstein or anyone acting on its behalf, or that the content is at variance with the character of the site and its objectives. These provisions supplement Levinstein’s statutory rights. Levinstein may likewise remove any infringing content as aforesaid and/or block access to it. It is clarified that Levinstein is not obliged to take any action in order to identify and/or filter infringing material.

7.7                   The user grants Levinstein a non-exclusive right to use, free of charge and for an unlimited period of time, any content which he chose to upload onto the site, and he relinquishes any claim or demand against Levinstein and any pecuniary or other right against it, with regard to any use which Levinstein shall make of content which he uploaded onto the site.

  1. Special conditions for Levinstein’s customers who have been registered to use designated parts of the site

8.1                   The site may include and/or may include in the future, parts and/or features, which are designated for the use of Levinstein’s customers, who have purchased a dwelling unit from it, and which shall give such customers access to relevant information and/or features, subject to Levinstein’s sole discretion (hereinafter: “the customers’ site”).

8.2                   Should the aforementioned customers sign terms of use and/or agreements or additional documents pertaining to use of the customers’ site (regardless of their name or heading), these terms of use shall apply in addition to any condition, agreement or additional document as aforesaid, and the aforementioned documents and these terms of use shall be seen as complementing one another.

  1. Limitation of liability

9.1                   The user shall use the site at his own risk and Levinstein shall not bear any responsibility or liability for any error, mistake or oversight in the site’s contents. Levinstein shall not be contractually or tortiously liable for any direct, indirect, resultant or collateral damage caused by access to and use of the site or by any denial of such access and use. Levinstein shall not be responsible for any damage, including damage caused by a virus, hostile elements known as Trojan horses, worms, vandals, malicious applications, spyware or various software applications, to the user’s computer equipment or to any other property of the user, and which was occurred as a result of browsing, using or downloading information from the site.

9.2                   The user is aware that Levinstein cannot monitor all information and notices which may be uploaded and shown on the site by other users, and that it is not responsible for any material published by third parties as aforesaid.

  1. Miscellaneous provisions

10.1               Levinstein may in its sole discretion and without prior warning make changes to the site at any time, remove any part of the site or supplement it, from time to time, by updating the site, stop and start the site’s activity or deny access to the site or to parts of it to any user and the user shall not make any complaint against Levinstein in connection therewith. Without derogating from the generality of the aforementioned, Levinstein shall not be obliged to retain and may delete the information and content of the site, whether it was uploaded by Levinstein, users or other parties.

10.2               Should any of the terms of use be deemed invalid or unenforceable, they shall be regarded as having been replaced with valid and enforceable terms, the content of which most closely reflects the meaning and purpose of the original terms, while the remaining terms of use shall remain in force.

10.3               Levinstein may assign all or any of its rights and obligations under these terms of use, to any third party as it shall deem fit, without being obliged to announce any such assignment on the site.

10.4               The user may not assign, transfer or endorse all or any of his rights and obligations under these terms of use, or any account or authorization which shall be given to him in relation to the site or any part of it.

10.5               All activity on the site and everything connected to or involved in it, including the terms of use, shall be regulated exclusively by Israeli law and the authorized Courts in the Tel Aviv District of Israel shall have the exclusive jurisdiction to adjudicate any dispute concerning the site, its use and the terms of use.

10.6               Levinstein reserves its right to amend these terms of use, in its sole discretion, at any time, without prior notice, and unless decided otherwise, any change in the terms of use shall come into force as soon as it appears on the site, within the framework of the terms of use. It shall be the user’s responsibility to periodically check and keep abreast of any changes made to the terms of use.

10.7               Any query or problem concerning the site or its terms of use and any suggested improvement or recommendation should be forwarded to: m_levin@Levinstein.co.il.

10.8               By using the site, the user declares and confirms that he has read these terms and conditions, understood their contents and agreed with their provisions. The user hereby discharges in advance and is precluded from making any claim and/or demand against Levinstein or anyone acting on its behalf with regard to the matters dealt with in these terms and conditions.

 

  1. Mailing regulations

The user herby agrees that by giving Levinstein the user’s details, the user herby agrees that Levinstein  may use these details in order to mail the user and/or the browser any updates of Levinstein and/or information about Levinstein and/or special promotions Levinstein will have and also any general information and advertisement as defined by The Communication (Bezeq and broadcasting) Law, amendment NO. 40, Ha’tshsa 2008.

At any given time, the user and/or browser has the right to have himself removed from the Levinstein’s broadcasting list by sending an e-mail to Levinstein’s address: m_levin@levinstein.co.il.

Levinstein will remove the user and/or browser from the broadcasting list withing 7 working days of receiving the request.