Terms of use

Drive Group Website Terms of Use

Whereas I wish to use the website (as defined hereinafter) of Drive group Ltd (hereinafter “the Company” or “Drive group”);

I therefore agree, declare and undertake as follows:

1. Introduction
   • The foregoing preamble constitutes an integral part of the Terms of Use.
   • These Terms of Use are written in the singular but they shall of course apply to multiple users and to any legal entity, as the case may be.
   • In these Terms of Use, the following terms shall have the meanings appearing next to them:
     • “The website” – Drive group Ltd’s website.
     • “Services” – The services which are specified in paragraph 3 below.
     • “The Terms of Use” – The terms set out in this document.

2. Use of the website
   • The user undertakes not to perform any action which may constitute a breach of the Terms of Use and/or statutory provisions and/or which may derogate from any of the rights of the Company and/or of any third party and/or which may damage the website and/or the communication networks. Use of the website for any illegal or prohibited purpose is forbidden.
   • The details are personal and non-transferable. If customer information has been transferred to a third party, the user must contact the Company to update it without delay. Under no circumstances shall the Company be liable should these details be used for any reason. The information presented is for the personal use of the user, and utilization of all or some of the information in a manner which may undermine the proprietary rights of the Company and/or its representative is prohibited.
   • The user undertakes not to attempt to gain unauthorized access to the website, services, content or accounts of others or to computer systems or networks connected to the website through “hacking”, “password mining” or any other means. The user likewise undertakes not to obtain or attempt to obtain any services or information through means which were not intentionally placed at his disposal by the Company.
   • The use of some of the services and viewing of some of the content is limited to computers located in Israel. Therefore, no action should be taken to circumvent this restriction in any way.
   • The user undertakes not to upload to the website or transfer in any other way, any virus, “worm”, Trojan horse, spyware, malware, or any other computer code, file or software which may or is designed to damage the activity of the website and/or the Company.
   • The user undertakes not to run or enable the running of any computer application or any other means, including software such as Crawlers, Robots, etc., for the purpose of searching, scanning, copying or automatically retrieving information from the website. This includes not creating or using such means in order to produce a compilation, collection or database containing information from the website.
   • The user undertakes not to display content from the website in a visible or concealed frame.
   • The user undertakes not to display content from the website in any way – including through any software, device, accessory or communication protocol – which changes their design on the website or removes any content from them.

3. Services on the website and the customer’s acknowledgment
   • The services provided on the website:
     • The website sets out for the user the services provided by the Company and their terms as updated from time to time.
       The user acknowledges that from time to time the services provided through the website shall be updated and that should he avail himself of them then these terms of use shall apply to him.
   • The user acknowledges that the Company may use cookies for the day-to-day and proper operation of the website, including in order to gather statistical information about the use of the website, to verify details, to customize the website to the user’s personal preferences, and for marketing and data security needs.
     Cookies are also used to obviate the need to feed in a user’s details each time he revisits sections of the website, if any, which require registration. Cookies are text files which the browser in the user’s computer creates on command from the Company’s computers. Some of the cookies shall expire when the user closes the browser and others are saved on the hard drive of his computer. The information in the cookies is encrypted and the Company takes precautionary measures in order to ensure that only the Company’s computers can read and understand the information stored in them.
4. Intellectual Property
   • All the information on and/or in the pages appearing on the website is the exclusive property of the Company. Therefore, copying or taking any other action without obtaining the Company’s approval is prohibited. It is clarified that even if such approval is granted, the information shall only be used for personal and not commercial purposes.
   • The marks on the website are trademarks which constitute the Company’s property. No action may be taken which infringes the copyright or other intellectual property rights of the Company.
   • The modification, copying, distribution or publication of any information, service or software appropriated from this website is prohibited.

5. Protection of privacy and information
   • The Company may gather data about the user and his activities, process it in any way, and use it, inter alia, to improve the service, handle complaints, and for various statistical purposes.
   • The Company reserves to itself the right to disclose personal information about its customers or about their use of the website including the content of the use, without obtaining the user’s permission, provided that the Company believes in good faith that this action is essential in order to comply with statutory requirements or a legal proceeding, protect the Company’s rights or property, enforce the Use Agreement and/or the Terms of Use, or to protect the interests of its customers or others.
   • The user confirms that he is aware that the use of the website exposes him to the risks involved in using the Internet, including viruses, Trojan horses, etc., eavesdropping, hacking, identity theft and other deliberate acts of fraud. While the Company invests a great deal of effort in protecting against these risks, absolute protection is impossible, and therefore damages may result from the realization of the risks, including disclosure and/or disruption of the information in the systems, disruption of instructions/requests, unauthorized actions, disruptions to the website’s activity including failed and/or faulty and/or delayed execution of an instruction, unavailability of some of the website’s services, etc.
   • The Company reserves the right in its absolute discretion to deny access to the website or parts thereof to any user without prior warning, and the user shall not make any complaint and/or demand and/or claim in this regard.

     Without derogating from the foregoing, the Company may immediately prevent (and even block) a user from using the website in any of the following cases:

     A. The user breached one of the Terms of Use.

     B. The user intentionally provided false information when using the website.

                 C. The user committed an act or omission which may harm the Company and/or
                           the proper operation of the website.

6. Limitation of liability
   • The user is exclusively responsible for the use of the website and the consequences thereof and the Company and/or its representatives and/or its executive officers shall not be held accountable for any loss and/or damage which directly or indirectly result from using and/or not using the website.
   • The information on the website is only accurate on the date on which it appears. Should there be any discrepancy or variance between them, the information appearing in the Company’s systems shall override the information appearing on the website, and the Company and/or its representatives and/or executive officers shall not bear any liability for loss and/or damage which may be directly or indirectly caused as a result of such discrepancy.
   • The services provided on the website are provided AS IS. The user shall not make any claim/complaint/demand against the Company due to the characteristics of the service, its capabilities, limitations or compatibility with his individual needs.
   • The user is aware that notwithstanding the Company’s efforts to prevent such occurrences, due to human or clerical errors, computer malfunctions, etc. and/or changes caused by those who are not authorized to deal with it, the information appearing on the website may contain mistakes and/or inaccuracies, etc.
   • The user shall bear sole responsibility for errors in entering the data and/or any other detail.
   • Without derogating from anything stated elsewhere in these terms, the Company and/or its representatives and/or its executive officers shall not bear any express or implied responsibility in connection with the website, including any content or service which it provides and/or in connection with its compatibility with the user’s specific purpose and/or requirements. The Company and/or its representatives and/or its executive officers shall not bear any responsibility for damage which the user may sustain as a result of the website’s content and/or the services which it provides and/or due to a fault/defect or malfunction of the software which operates the website and/or the access to it, including the availability of the website. Without derogating from the foregoing, the user acknowledges and agrees that the Company and/or its representatives and/or its executive officers and/or any person or entity connected with and/or involved in the creation of the website or its content shall be exempt from any responsibility and liability regarding any direct or indirect damage, injury, loss or expense related to the services and/or use of the website or the inability to use the website and that the user alone shall exclusively bear the responsibility and risk in connection with all of the foregoing.
   • The website may also contain links (to other websites which are not operated by the Company). The Company has no control over and/or bears no responsibility for these links and for and/or for supervising their content. The existence of these links does not attest to the Company’s concurrence in and/or responsibility for their contents and/or their reliability and/or currency and/or propriety and/or legality and/or for anything stated or included in them, including privacy protection policy and/or terms of use. The Company shall not be responsible for any consequence resulting from the use of and/or reliance upon these websites. Any problem or complaint should be addressed directly to the website’s proprietors.
     The user confirms that he is aware that posing as another person and/or other entity and/or giving false details and/or using a false name constitutes a criminal offence, in response to which all measures prescribed by law, including if necessary a compensation claim for damages sustained, if any, by the Company. shall be taken.
   • Nothing in the limitation of liability in this paragraph shall derogate from any other limitation of liability in these Terms of Use.
7. Changes to the website
   • The Company reserves to itself the right, without having to give prior notice, to make changes from time to time to the website, the scope and availability of the services which it offers, and any other aspect involved in its operation. Such changes may result from the changing nature of or technological changes taking place in the Internet. It is clarified that while they may cause malfunctions or inconvenience, the customer shall not make any claim/ complaint/demand against the Company due to the implementation of such changes.
   • Since the Company may amend them without having to give prior notice, the website’s Terms of Use must be read at each re-entry to the website in order to keep abreast of their prevailing provisions.
8. Technical support

   The Company does not undertake to provide the user with technical support regarding the operation of the website and/or the services provided through it. The user confirms that he shall not make any complaint against the Company due to the lack of such support.

9. Termination of the service

   The Company may at any time decide to stop operating or to change the nature of the website.

10. The governing law and jurisdiction

    The laws of the State of Israel shall regulate and the courts in the district of Tel Aviv-Yafo shall have the exclusive jurisdiction regarding all matters connected with use of the website.G