1.1 “Immo Israel” Website (hereinafter: the “Website”) on the Internet constitutes a platform for properties purchase (REAL ESTATE) and other supplementary Services such as: Photography Services dedicated to landowners’ real estate trade, publicity, etc.
1.2 The Company ‘RHEIMS & COHEN LTD,’ is the owner and operator of the Website (hereafter: “The Company and / or The Website’s Operator”) – under the Trade Register no. 516442449.
1.2 Wherever the masculine pronoun is used in these Statutes, the reference is also to the feminine, and wherever the singular is used, the reference is also to the plural.
1.3 The User of this Website, hereinafter referred to as “Surfer” or “User”.
1.4.2 The use of the Website will include all the following actions: visiting the Website and / or browsing the Website and / or consulting the Website and / or registering as a User on the Website and / or use one or more of the Services / products of the Website and / or any other use of the Website.
1.5 The provisions of these general conditions shall apply to any use made by a User of the Website and shall constitute the legal basis for any discussion between the User and the Operator of the Website. Consequently, the User is invited to carefully read these general conditions as well as the confidentiality policy before starting to use the Website.
1.6. Navigation and / or browsing and / or any action that may be taken on the Website and / or within it, constitutes the User consent to accept and act in accordance with these conditions, and therefore if the User reads this content and does not accept the terms of these conditions, he is requested to immediately stop using the Website.
1.7 It is also specified that, any person who carries out any action on the Website, declares to have taken knowledge of the rules and conditions of use and of the privacy policies of the Website and accepts them, and the User and / or any person on his behalf will have no claim and / or lawsuit against the Website owners and / or operators of the Website and / or any person on their behalf related to the miscarriage to comply with the obligations of the owners of the Website and / or its operators in accordance with these rules and conditions of participation.
1.8. The Website Operator may update these general conditions at any time without notice, and the new general rules will be binding on the User from the moment the new conditions and general rules are updated on the Website.
1.9. The Website Operator is not a sales Website, and the Website Operator is not and will not be considered as seller, and / or bidder for the sale of any of the properties offered for sale on the Website. Content appearing on the Website of third parties and/or originate from third parties, including content from other sales sites displayed on the Website and/or content that appeared as a search result on the Website, is not under his responsibility, is not operated by the Operator and come under the sole responsibility of the User.
2. The right and / or eligibility of using the Site
2.1 The right and / or the eligibility to use the Website is for any person having reached the age of 18 years or more.
2.2 Anyone with a valid email address and whose personal details have been accurately entered in the Website registration form, including the address, telephone number and any other data.
2.3 For anyone defined as a Private or Professional Client interested in buying and / or selling real estate using this Website.
2.4 The operator of the Website has the right to avoid access to the Website to Users whose behavior is considered inappropriate or who try to harm the proper management of the Website or use it contrary to its purposes.
2.5 The Website Operator may stop any User from using the Website temporarily or permanently, at its sole discretion and without notice to the User.
2.6 Without derogating from the foregoing, the Website Operator may prevent any User from using any of the advertising channels offered on the Website, in one of the following cases:
A. If the User and / or Surfer has intentionally provided incorrect information.
B. If the User and / or the Surfer has committed an act or an omission which harms or may damage the Website or any third party, including the customers and sellers of the Website.
C. If the credit card used by the User and / or the Surfer is blocked or restricted to use in any way whatsoever.
3. Liability’s limitation of the Website Operator
3.1. The information, content and Services offered to the User on the Website are displayed As Is, and the Company, its directors, shareholders, controlling shareholders will not bear any responsibility for their suitability to the needs and / or purposes of the User.
3.2. The use of the Website, for all its Services and contents, is under the sole responsibility of the User.
3.3. Any content displayed and published from time to time on the Website constitutes only a recommendation and does not commit the Company and / or impose any liability of any kind whatsoever on the Company referring to actions taken by the Users based on the same recommendation and its foundation.
3.4. Responsibility for the content of listings, for all that is implied and understood by the listings, lies with the authors and / or publishers themselves and / or the concerned publishers all depending on the circumstances of the case. The operator of the Website will not undertake any responsibility for the damage, losses, lack of revenue, mental anguish and any other damage of any nature and kind whatsoever which would be caused to the User and / or to any person on his behalf as a result of what is said and / or presented and / or suggested and / or recommended in the publications.
3.5. The Website Operator will not bear any responsibility which would be imposed explicitly or implicitly, in particular any responsibility for third-party Services, the interruption and / or disruption of the use of the Website, the presence of viruses, software or destructive and / or malicious files, the quality and accuracy of the Website and the information that it contains. For any purpose whatsoever, the completeness, reliability, suitability of the software on the User’s computer and the merger and does not guarantee that the use of the Website and / or the Services and / or the third-party Services will not be interrupted and / or will be immune to interruptions and / or disturbances and / or malfunctions and / or such and other failures and / or damage.
3.6. The Website Operator has the right to cancel any listing on the Website and / or the Service provided on it and to restrict its use.
3.7. Any publication displayed by the Operator of the Website, will not be considered as a binding offer, unless otherwise agreed between the parties.
Any agreement between the Website Operator and a third party requires the prior written consent of the Website Operator.
3.8. Everything displayed and published from time to time on the Website, including Real Estate Expert Spots, Buying Tips, Recommendations, Directions, Survey Data, Articles, Blogs, references to articles and / or links to similar or related websites and any other data of any kind (are to be read all together: “The Library”) which appear on the Website are only a recommendation, and do not commit the Company and / or impose on it any liability of any kind and nature whatsoever towards Users based on the same recommendation and its basis and commit the authors and / or the publishers themselves and / or the publishers, all depending on the circumstances of the case.
4. Advertising Conditions on the Website by the User and liability’s limitation of the Website Operator
4.1. The Website acts as a platform (only), for contact between Website Users / buyers and sellers of real estate and under no circumstances will the Website Operator be a party to a transaction between Users through the use of the Website, although certain information is exchanged through the Website and by using the Website.
The Website offers free listing packages and paid listing packages; All as detailed and under the conditions specified on the Website and which may change from time to time at the discretion of the Website Operator.
4.2. The listings published on the Website by Users and others, are not considered as a recommendation on behalf of the Website Operator concerning the Services advertised above and / or any other presentation concerning these advertisements.
4.3. The Website Operator undertakes no responsibility for the listings posted on the Website by its Users, and / or any part of the listings, including listing legality, listing accuracy, listing timeliness or the validity of any information contained in such announcements.
4.5. The consideration paid as part of a sales transaction concluded by the User, cannot be paid through the Website.
4.6. The Website Operator and / or any person on its behalf will not be responsible for any use made of the Website by any User, including the accuracy and / or correctness of any advertising, opinion, criticism, recommendation and / or purported professional advice published by Users of the Website.
4.7. Without prejudice to the generality of the foregoing, the Operator of the Website will be entitled, without limitation nor restriction, to delete and / or avoid the publication of a listing and any content that the User wishes to publish on the Website, and to block, restrict and / or limit the User’s use of the entire Website in any form and by any means (including partial or general deletion, omission or shutdown of sections, denial of the right to download content, etc.), in case the Operator will be informed of any content appearing on the Website and whose actual publication by the User on the Website may be offensive and / or may constitute a misdemeanor, an illegal offense, a violation of the provisions of this policy, etc., and for any other any reason and/or for no reason whatsoever, and all at the Operator’s discretion.
4.8. The Website Operator reserves the right to refuse any advertising formulation that is inappropriate and / or does not meet the standards and conditions of the Website rules and / or whose publication / sale is prohibited by law.
4.8. The Website Operator is not responsible and will, in no way be responsible towards the User and / or any third party (in particular damage caused to his computer, computer content, software and / or computer equipment contained in the Surfer Website), for any damage and / or loss caused by the use of the Website, whether due to any act or omission of a third party (such as a malfunction of communications to the Site) or whether foreseeable damages or not, including criminal law, damages, contracts, illicit enrichment etc., link to social media, the presence of viruses, etc.
4.9. The Website Operator undertakes no obligation regarding the period during which the Website Operator and / or the Services offered on the Website, in their current format or in any other format, will be available for the Website User. The User takes his own risk and will bear it alone.
4.10. Each User, including a Professional User, can only post one listing for a single property, edit and modify it throughout the advertising period (but there is no obstacle to reposting the same listing again, if this does not create two separate announcements). Insofar if it is discovered that there is more than one listing published by the same registered User in the same subject, the Operator of the Website reserves the right to remove the publication and without reimbursement of the sums paid by the User. In case that a delay in removing the announcement occurs, this will not constitute a waiver of the Website Operator’s right to remove the listing.
4.11. The listing serving period will be 30, 60 or 90 days (according to the chosen package) after which the listing will be automatically deleted.
4.11. It is strictly forbidden to indicate in the content of the listing a link to another Website or a web address, whether in writing or within an image. The indication of a telephone number will only be done in the User’s profile and not in free text.
4.12. The User is strictly prohibited from collecting Website data in any form and in any way whatsoever (except through the classic viewing of the Website’s listings as a regular User) including any technological means and / or electronic and / or computerized and / or using automated software including robots.
4.13. The User must post his listings in compliance with the following conditions:
– The images that will be uploaded to the Website as part of the User’s listing will be of sufficient and of good quality.
– It is forbidden to upload photos of properties showing people.
– It is forbidden to upload montage photos (short shots taken in different places combined with each other).
– It is forbidden to indicate incorrect details in the content of the listing that do not correspond to the property, its details and / or the purpose of the listing.
– Any publication contrary to the provisions of these General Conditions, including what is indicated in article 4.13.1 below is forbidden.
In case the User’s listing does not meet with the advertising conditions, the User will be informed by email that the listing does not meet with the required conditions. If the User will not delete or update the listing within 72 hours, the listing will be immediately deleted by the Website Operator.
Therefore, the Company reserves the right to remove the infringing listing immediately or before 72 hours (at the Company’s discretion), even without notice, depending on the seriousness of the content of the listing and the extent of the offense.
The User will have no complaint and / or claim and / or request in this regard and he hereby waives, with his agreement under the terms of these regulations, to lodge a claim in this matter against the Company in courts and / or any judicial administration.
4.13.1. Without prejudice to the generality of the foregoing, the User undertakes not to publish and / or enter one or more of the following contents on the Website:
– Any material that infringes the property rights of others or distorts the rights and / or content of third parties and / or interfere with the copyrights of third parties – including intellectual property rights such as author rights or trademarks.
– Any security information prohibited from publication, or any other information that is intrinsically sensitive or offensive to third parties.
– Any pornographic or sexual material, which would contravene the provisions of any law, or which could shock the public feelings and / or its regulations.
– Any material concerning minors without the consent of legal and / or natural guardians and enable to identifying them as minors or including their personal details or their address and the means of contacting them.
– Any illegal material that encourages, supports, assists, provides instructions to commit an act that constitutes a criminal offense under the laws of the State of Israel or supports terrorist activity.
– Any material that constitutes libel of a person under the Prohibition of Defamation Act, 1965.
– Any material that discloses the personal or intimate details of a person or any other legal entity (including a name), without providing it itself and / or material that infringes on privacy and / or a person’s privacy.
– Any harassing, insulting, hostile, threatening, rude, racist material.
– Any information and / or message that may disturb and / or harm other Users.
4.13.2. If the User violates one or more of the above conditions, he will indemnify the Company for every damage caused to the Company as a result of his violations of these provisions.
Advertising conditions according to packages
4.14. The Website offers free listing packages and paid listing packages, all as specified and under the conditions specified on the Website and which may change from time to time at the discretion of the Company.
4.14.1. A “Professional User” is a person and / or a legal entity that is directly or indirectly involved in real estate trading (including real estate brokers / real estate brokerage companies).
4.14.2. A “Private Client ” is a person who is not a “Professional Client “.
4.14.3. Advertising in the various listings packages of the Website is waged (except for the free one-month trial package), and any of the listing packages carried out without payment will be stopped immediately without notice, and without prejudice to the existing remedies for the Company in accordance with the law in this regard, exclusive to the Company, the policy of which may change from time to time.
4.15. Advertising by a Professional User is subject to the signing of a suitable agreement between the Company and the User and is subject to payment. Advertising may not be carried out without the express agreement of the Company and the Professional User under the terms of the Company’s contract within the framework of the agreement and under the terms of these conditions.
4.16. A User who creates an account and chooses to post a listing on the Website according to the free trial package, will benefit from the publication of a single property for a period not exceeding 30 days, and without any payment at all.
4.17. Advertising on the Website that does not conform to the free trial package, will only be published for fee, depending on the type of package purchased. Any such posting made without payment will be stopped immediately without notice and without prejudice to any remedies available to the Company in this regard. Payment for Website advertising is in accordance with the Company’s private policy, which may change from time to time.
4.18. When purchasing advertising space on the Website, the Professional User will be required to sign a contract for the purchase of advertising resources with the Company.
4.19. The Company can at any time modify the pricelist of the packages, as well as customer’s contract terms. No such change will alter the terms of any advertising medium that has been sold for a long time before.
4.20. The content of the listing published by a Professional Website User will include only details on the real estate and Service as well as details of the Company necessary for the purchase concerned only; the Professional User confirms and declares that the content of the listing published by him does not violate any law and / or rights (including intellectual property rights) of any third party.
4.21. The User is aware and accepts that the Website’s Operator is allowed to temporarily remove advertising content or listings due to a malfunction of the Website in such situation. In addition, the Website Operator can immediately remove the content of the publication or the means of advertising, in case that the above content is illegally displayed and / or contrary to the conditions of use and / or infringe the rights of any third party and / or any third-party claims that the above content infringes their rights. The Professional User will have no recourse against the Company under the foregoing.
5. Prohibition of illegal or prohibited use
5.2. Use of the Website is limited to use in accordance with any provision of law or applicable law, including any law relating to any right (including copyright, publicity or rights to privacy, privacy and trademark rights) of others.
5.3. Without derogating from the generality set out in the section Prohibition of illegal or prohibited use, the User undertakes that for the purposes of use, purchase and navigation on the Website and its contents, the User agrees to not to use the Website for illegal purposes and for prohibited purposes under the following conditions:
A. The User will not usurp any person or entity and / or provide any incorrect details in its entirety.
B. The User will not upload incorrect or invalid information.
5.4. The User undertakes not to upload any information on the Website containing a computer virus or any other code intended to destroy, interfere with or restrict the use of any of the computers, servers, hardware and software used by the Website User and / or any other User.
5.5. The User is prohibited from copying, reproducing, modifying, distributing, transmitting, publicly displaying, publishing or creating derivatives of any part of the Website and / or the Service provided within its framework. Without derogating from the generality of the foregoing, the User will not modify, process, copy, extract information, adapt, translate, perform reengineering, dismantling or reassembly operations of any of the code snippets that make up the Website.
5.6. The User will not infringe in any way the copyrights, trademarks or any other property rights found on the Website.
5.7. The User will not use any robot, “spider”, search engine and search for information, or any other automated or manual tool designed to index, retrieve and locate information on the Website, or any such tool that plans to disclose databases.
5.8. The User will not interfere with the access to the Website, its use and its enjoyment by third parties, including the operations of the server and the computer network which enable the Website activity.
5.9. The User will not access or will not attempt to access parts of the Website which are not open to the public.
5.10. The User will not make any modifications of the Website.
6. Intellectual property
6.1. The intellectual property rights in the Website and its content, including all texts, documents, images and Services (hereinafter: the “Content”), belong to ‘RHEIMS & COHEN LTD.’, unless otherwise indicated, and are protected by the legislate relevant nationally and internationally. The trademarks and Service marks displayed on the Website (together: “the Trademarks”) are registered and unregistered trademarks of ‘RHEIMS & COHEN LTD’. The use made of the Website and its content, the Website marks and other proprietary rights are the use made under the Company’s authorization.
6.2. It is specified and emphasized that by accepting the terms of this policy, any User who publishes his listing on the Website, immediately and directly transfers to the Company all intellectual property rights related to the publication of such a listing, including the content and images contained therein, including copyright and assert such rights by any party.
6.3. The use made of the Website and its content is “as is” (“AS IS”) without any possibility of intervention or modification by any Surfer / User. In addition, the Content may not be used, in whole or in part, for commercial purposes or to copy, modify, alter, transmit, display, publish, copy, transfer, sell or distribute in any way by any User without the prior written consent of the Website Operator.
6.4. The use of the Website and its content does not confer on its Users any right on copyrights, designs, trademarks and any other intellectual or material property rights relating to the content of the Website. All of this content includes third-party trademarks, designs and related intellectual property rights mentioned or displayed on this Website are protected by national intellectual property, other laws and international conventions. Any copying or distribution of the content listed above is prohibited and may result in civil and criminal prosecution. Notwithstanding the foregoing, copying and use of the materials listed above on any other server, placement or medium for publication, copying or distribution, is expressly prohibited.
7. Confidentiality and information security policy
7.2. The Website will use the information provided by the User as indicated above in accordance with the provisions of the law, including the law on the Protection of Privacy, 5741-1981 and the User gives his consent to such use.
7.3. When posting a listing and / or purchasing one of our Services, the User must enter his personal information and, therefore, entering these details constitutes the User consent to the collection of that personal data. When an order is placed to advertise a listing on the Website, the Company must obtain personal information, including User’s name, email address, phone numbers, home address, mailing address, and other source of credit card, credit / debit so allowing the Company to process and fulfill the User’s order. Additionally, the Company may receive information due to identity checks or control.
7.4. Information which is automatically implanted in the computer of the User of the Website – Cookies
In order to use, view, connect, browse or visit the Website, certain information may be stored on the User’s computer or other electronic means used by the User. This information will show in the form of “Cookies” which is information stored on the hard drive of your computer and / or electronic means used by the User and the web browser which monitors User’s movements within the Website. Most browsers are automatically configured to accept cookies, but there is an option to change browser settings to accept or reject “Cookies”. If the User chooses not to receive cookies, the User can still use most of the applications on the Website, including the ability to purchase items.
7.5. The use of the information collected by the Website, insofar as it is collected, will be intended, among other things, to achieve the following objectives:
A. Personalization of the components and sections of the Website according to the different centers of interest of the User and his views.
B. Personalization of the announcements and advertisements posted on the Website as part of the User’s use according to their needs and expectations.
C. Receive / send emails and / or SMS messages to mobile phones and contact the User in such or such a way subject to the provisions of the law.
D. If in the future the User wishes to interrupt this Service, it suffices to inform the Operator of the Website and the Service will be interrupted shortly thereafter.
E. In addition to the specific uses of the information, for the benefit of the User, the general information collected may be used to improve the Services provided within the Website, modify and rationalize the structure of the Website, extend or reduce the areas of activity of the
Website and other goals at the discretion of the Company / Website Operator.
7.5. The Website undertakes to preserve the confidentiality and contact details of the User and not to transfer the contact details to a third party.
7.6. The Website, its content, customer contact details, commercial and personal information are stored in the Website’s systems and are protected by the best possible protection systems.
8. Order confirmation
8.1. When choosing the package and / or choosing which Website Services to purchase and receiving the User’s order, the User will receive an email updating him with the details of his order. It is specified that this email does not constitute consent of the Website Operator / company to complete the transaction but is only a reference to the fact that the User’s order has reached the Company.
8.2. The receipt of the User’s order and the conclusion of the agreement between the User and the Company will be completed when sending an email to the User confirming that the payment for the purchased package has been received by the Company and the User can now post a listing according to the package and the modalities chosen.
8.3. The Website’s Operator reserves the right to cancel the User’s order in cases as follows (open list): it is not possible to obtain a confirmation of payment when the Service ordered is temporarily unavailable for delivery if the User does not meet the eligibility conditions which constitute a prerequisite for purchase on the Website, etc.
8.4. If the Services ordered are temporarily unavailable for purchase, even though they appear on the Website, or if the Company issuing the credit card has not confirmed the User’s debit, the Website will not deliver the Services the User has ordered. In this case, an appropriate notice will be sent by email and the billing method entered for the purchase will not be charged.
9. Services and products
9.1. The Company offers various Services within the Website as detailed hereunder. The Company reserves the right to interrupt these Services and / or modify them at any time, if necessary and without notice.
Provide “furniture” Services to apartment owners
9.3. The Company offers “Furniture Services” and “Real Estate accompaniment” to the User whose access to the property he owns (in the Real Estate Register) is limited and he wishes to furnish his property with various furniture. The Company provides purchasing and assembly Services and thus helps furnishing the property, with no investment from the Client beside the payment for the Services.
9.4. The above Service is chargeable, and a User interested in this Service will have to sign an agreement of contractual conditions.
Provision of Hebrew – French – English translation Services
9.5. The Company also offers translation Services in English, French and Hebrew, in order to assist, if necessary, Website Users who have difficulty communicating with Website visitors (potential buyers) who do not speak the same language).
9.6. The User assumes all responsibility for the quality of the translation and the Company is not responsible for the results of the Service and there is no guarantee that the translation provided by the representatives of the Company will be accurate in all cases.
9.7. It will be specified that translation Services will be provided upon prior reservation by the User of the Website, at least 2 working days in advance. The User will have no complaints in the event of a malfunction preventing the provision of translation Services.
9.8. The Service will be provided by the Company only to a registered User and subject to the sending of an email by the User to the Company. The User must wait up to 2 working days for a return notification from the Company, confirming the availability of translation Services. The Service will be provided only for properties advertised on the Website.
9.9. The User is aware that the availability of translation Services is not continuous, and this Service will be provided by prior arrangement and subject to the Company’s approval of the availability of the Service.
Provision of photographic Services
9.10. The Website offers its Users (professional and private) 3D Virtual Tours and Photography Services for a fee, through a professional photography agency who will take photographs of the property for sale, both in still images (stills) and using a specific 3D camera.
9.11. Additional Services can be acquired for a fee, such as “Professional videos and real estate video footages”, or “3D maps”, all described in detail on the Website.
9.12. The photos and videos taken by the photographic Service provider will be added to the User’s announcement by the Website Operator no later than 7 working days from the date of termination of the photographic Services.
9.13. In order to enable the provision of the Photography Services, the User must act in accordance with the detailed instructions on the Website on the page “Listings Submission Guidelines” section 10.
9.14. For the avoidance of doubt, the Photography Service is offered by an external body only and is not provided by the Company and / or anyone on its behalf and this only helps to create the connection between the User and the Service provider. Accordingly, the Company and / or any person on its behalf shall not be a party to any contract between Users of the Website and the provider of the Photography Services regarding the Photography Service and should not be considered as providing the Photography Service or responsible for it, and therefore the Photography Services and results are not the responsibility of the Company. It’s the sole responsibility of the Photography Service provider.
9.15. The Company will not be liable for any damage, loss or expense of any kind whatsoever caused to any User (private or professional) using the above Service and / or any person on their behalf, directly or indirectly, in connection with the Service and / or inaccuracy or incompleteness of the Service and / or its quality and / or nature. As a result, the User (professional or private) will have no claim, complain or demand towards the Company regarding the Photography Service.
9.16. The Service provision does not constitute a recommendation by the Company to use the Photography Services, and the Company will not be responsible for any business contacts between the User of the Photography Service and the external professional.
10. Merits jurisdiction
10.1. In the event of any disagreement regarding this policy, legal authority will be in the competent court of the city of Be’er-Sheva exclusively.