Terms of Use

General Terms of Use of the Ofran Website
January 2018 edition


The agreement between us

1. These General Terms, along with the terms and conditions specified in the Ofran Privacy Policy at http://www.ofran.co.il/913-en/Ofran.aspx (hereinafter: "Terms of Use") constitute
the terms of our agreement, Ofran Services Ltd. (hereinafter: "Ofran" and any first-person reference), The User of The Website, as defined below (hereinafter - "the User" and any second person reference), in connection with the use of The Website.
The Terms of Use specified on our website are additional to all the other specific conditions that may be published from time to time on The Website and will apply in connection with certain actions that you wish to perform on The Website, including the terms written in the car rental voucher that will apply to the ordering of vehicles abroad through our website or sales representatives, Etc. In any case of a contradiction between The Terms of Use of The Website and the specific conditions, the specific conditions will apply.
The Terms of Use are dynamic and may change from time to time, including changes in legislation, technological changes, changes in the services provided by us and / or changes in our policies. We may make changes to The Terms of Use of The Website from time to time, as we see fit and without informing in advance; However, it should be clarified that the most recent version of The Terms of Use to be applied shall be the one published during your use of The Website. Accordingly, you are requested to return from time to time to examine whether we have presented a more recent version of The Terms of Use and, if necessary, to review its terms.
We have invested a great deal of efforts in making The Terms of Use of The Website accessible for you, using clear and understandable language. However, if there is any ambiguity regarding this or any other issue or you wish to receive any clarification for, please feel free to contact us with any relevant request and we will be happy to help. Applications can be sent to us by e-mail to help@ofran.com.

2. In this Terms of Use agreement, the following terms will consist with the following meanings specified:
2.1. "The Website" means the Ofran Website, which operates under the domain name www.ofran.co.il (and any web page that operates under a secondary domain name for the above domain name) and / or the Facebook page " אופרן ישראלOfran Israel" and / or the Ofran app as available from time to time in the online application stores; All including the content displayed by us and the hardware used by us for the operation of each of the aforementioned platforms.
2.2. "Services" means any of the Services that will be offered from time to time on The Website.
2.3. "Contents" means images, sound, video, text, editing, design, symbols, signs and any other visual or audio textual content or a combination of any kind as displayed on The Website, whether the content is owned by Ofran or by a third party Subject to the rights of use granted to it by that third party.

3. In any use made by you on The Website, you declare and certify that this use will only be made after you read The Terms of Use carefully and understand its content and fully agree to all terms of use of The Website, without any change or reservation. Therefore, if you do not agree to any of The Terms of Use, you are requested not to use The Website, including for the purpose of ordering the Services.

4. The distribution of The Terms of Use of The Website to subjects and headlines set for each topic are for the convenience of reading only, and this should not be construed as having any meaning in their interpretation.

Use of The Website; Blocking the use of The Website and copyrights of contents

5. The use of The Website and the ordering of services through The Website is not intended for persons under the age of 18 and for those who are not competent to perform legal actions without the approval of a guardian. We will consider any use made on The Website as such made by anyone qualified to perform it and any other use shall be deemed to have been performed with the approval and under the guidance of the guardian or the parent, as the case may be.

6. Access to The Website is via the Internet, with all that entails. We do not guarantee that The Website will operate at any time without interruption, in time, in coordination with other user needs, without incident, defects or errors caused for any reason and / or that The Website will be free from malicious software, viruses or other harmful software that are planted on The Website by third unauthorized parties. The use of The Website is at your own risk and after carefully examining all the risks involved and doing all the necessary actions to protect against them. The user hereby absolves Ofran completely and irrevocably from liability for any damage that may occur in connection with his use of The Website and / or the Internet.

7. Some parts of The Website may be integrated with content that will redirect your web browser to third party websites once clicked on ("Hyperlink"). Before you choose to use any hyperlink, you should know that some of the hyperlinked sites may not be useful to you and / or may contain content that does not match your world of values. It is hereby clarified that the use of hyperlink is at your discretion and you shall have no claim, suit or demand against Ofran in connection with the contents of this section above.
It is also clarified that we are not responsible for the activity performed on The Websites to be hyperlinked, including the content and / or the services offered therein. It is important to know that from the moment your hyperlink is completed, third-party websites will not be valid and your use of those websites will be subject to their terms of use.

8. The use of The Website is intended solely for the user's needs, and it is absolutely forbidden to make any other use of The Website or content on any platform other than The Website.

9. The Website, the source code of The Website and all content on The Website are protected by our copyright and other intellectual property rights or by any of the entities that have authorized us to use all of these. Accordingly, you are strictly forbidden to make any use of The Website, the source code of The Website and / or the Contents, without prior written permission from us. you may not copy, duplicate, modify, distribute, publish, transmit, In a public place or in front of an audience, perform them, grant them licenses and / or rights of use to third parties, create derivative works from them, or transfer them temporarily or permanently.

10. You may only use The Website in accordance with and subject to the restrictions that come close to The Terms of Use of The Website and in any event, for lawful purposes only and in accordance with all applicable laws, regulations and practices in the State of Israel and any other jurisdiction from which you access The Website.

11. In view of the changing nature of the services offered on The Website, some of the contents displayed on The Website are presented as provided to us by third parties, sometimes using computer software for translation into Hebrew and without being examined or verified by us and without their examination being updated. We are working to reduce the publication of incorrect and / or outdated content and remove it from The Website. However, it is hereby clarified that the contents of The Website are presented to you as-is, without any representation or undertaking in respect of them, and any reliance on such content is at your sole risk.
We also seek to draw your attention to the fact that the stated purpose of some of the content published on The Website is intended to market and advertise our services and therefore should not be considered as objective content and / or exhaustive and complete content for the purpose of examining the needs that you may have in relation to the services.

12. We may suspend or temporarily block your access to The Website in the event that in our sole discretion it is found that your use of The Website is contrary to the provisions of the law or The Terms of Use of The Website or if your use interferes with the proper function of The Website, And you shall have no claim, suit or demand against Ofran in connection with the contents of this section. Without derogating from the provisions of the Privacy Policy and subject to the provisions of any law, it is hereby clarified that in the cases listed above we shall be entitled to disclose your personal details. The right granted to us under this section above does not prejudice your absolute responsibility for the use made by you on The Website.

13. We will be entitled to carry out maintenance work from time to time for the purpose of maintaining The Website's in order and developing it. The availability of The Website or the availability of some of the content and / or part of the services therein may be affected. We will set the date for execution of the initiated works as aforesaid in our professional and exclusive discretion and without having to update it in advance.
Without derogating from the generality of the above, we will be entitled to make changes to the structure of The Website from time to time, including contents and / or services, and to download The Website or parts thereof for a certain period or permanently, without requiring prior update. Our right as stated in this section above does not affect the validity of orders made by you on The Website prior to the date of execution of the aforesaid changes.

Use of The Website for information sharing


14. In general, any information received by us as a result of your use of The Website will be subject to the terms of the Ofran Privacy Policy at http://www.ofran.co.il/913-en/Ofran.aspx.

15. Without derogating from the Privacy Policy, as part of your use of The Website, you may be asked (or allowed) to share your personal experience review with other users of The Website and / or to provide an overview of a particular topic ("Personal Review" ). Posting your personal opinions on The Website is visible to other users and may therefore be followed by comments from those users, some of whom may offend your feelings (hereinafter - "The Comments" and together with the personal opinions, hereinafter - "Shared Content"). It is hereby clarified that the publication of the cooperative content is voluntary and subject to your free choice and upon publication, you waive a final, absolute, and irrevocable waiver of any claim and / or demand against Ofran in connection with the responses received and / or any action that may be taken against you.

16. It is important to know that the Shared content is exposed to all users of the Internet and therefore you should exercise extra caution and carefully consider the information and content that you publish in your collaborative content, including with regard to the delivery of personal information and / or delivery of information And / or delivery of other information whose publication may constitute cause for action against you or against us; Without derogating from the generality of the foregoing, you are strictly prohibited from publishing hyperlinks to any sites and / or content that constitutes defamatory, insulting, threatening, soliciting, unlawful, soliciting, inciting, Of any person or entity and content that violates intellectual property rights and / or rights to protect any privacy. It is hereby clarified that you shall bear full and exclusive liability for any damage caused to any person or entity in connection with the Shared Content published by you on The Website.

17. We will endeavor to remove the content of any Shared content which will be brought to our attention and which, in our sole discretion, constitutes a real harm to you and / or the public who use The Website and / or the affairs of Ofran and / or the removal of which is required by law. Please note that in some cases we have no control over indirect advertising of the syndicated content, including, but not limited to, the results of Internet search engines and / or platforms managed by third parties such as Facebook and / or its quotation and / or display in any other media.

18. By posting any content you own, you represent and confirm that this is your original content (or that you have all the necessary rights from the owner of the intellectual property rights to use the content in accordance with and subject to The Website's terms of use).

19. With the publication of your content, you give Ofran an unlimited right to use the content that you share for its needs, as you see fit, including for the purpose of advertising and marketing Ofran's activities. Without derogating from the generality of the foregoing, we may copy, reproduce, modify, distribute, transmit, display in public or in a public place or in front of an audience, perform, publish, grant licenses and / or rights to third parties, create derivative works, or pass on, temporarily or permanently, the Shared Content, all without the need for additional consent by you and / or any third party and without being required to pay any consideration in respect thereof. You will indemnify us, immediately upon first demand, for any payment we may be required to make in connection with the use of your Shared content.

20. Your notice that Shared Content posted by others may contain incorrect information and / or false information and / or hyperlink to a malicious site or software that may cause damage to your device or the network from which you are surfing. To avoid any doubt it is hereby clarified that Ofran is not responsible for the contents posted by users within the framework of the Shared Content and their consideration, as well as any use you make of them, including the use of hyperlinks or relying on them, is done at your own risk.

Additional restrictions on the use of The Website

21. You are strictly prohibited from impersonating another person or legal entity when providing details on The Website.

22. You are strictly prohibited from placing orders on The Website using payment methods without proper authority and / or permission.

23. You are strictly prohibited from using The Website for cyber-attacks, distribution of viruses, distribution of malicious software, distribution of spam and / or for any illegal purpose or action prohibited by The Terms of Use of The Website, including hacking into protected areas on The Website for which You have not been given access.

24. You are strictly prohibited from interrupting, stopping or otherwise restricting The Website's activity and not interfering in any way with the source code of The Website and / or the Software available in it. In particular, you are strictly prohibited from altering or interfering with the front-end look and feel; Not to perform any action that places an unreasonably large load on this Website or its associated infrastructure; And not to accept or attempt to gain unauthorized access, by any means, to all of our any of our networks.

25. You are absolutely prohibited from collecting and storing information and content from The Website, either manually or through computer software.

26. You are strictly prohibited from using The Website for marketing and advertising purposes of you and / or third parties, including the posting of information that may promote commercial activity and / or other interests of you and / or third parties. We may delete, at any time and without prior notice, any such publication or part of it and any other information as we deem fit in our sole discretion.

Liability and Limitation of Liability

27. You are responsible for the use that you make of The Website at any time in accordance with the provisions of any law and the terms and conditions of use of The Website, especially in all matters relating to and / or arising from the intellectual property rights in the Shared Content that you use and will publish on The Website.


28. It is expressly agreed that Ofran, its employees and anyone else on its behalf shall not be liable in any event for any damage, loss and / or expense, including indirect, consequential damages (including loss of income and / or profits), special and / Punitive whether based on breach of contract, wrongful harm, total liability or otherwise arising out of or from any of these: (a) access to The Website, use of The Website, any delay or inability to use The Website or any information contained on The Website; And / or (b) the availability or usability of the services available on The Website; Unless the damages are caused solely by our negligence or by our intentional action and relate to expenses actually incurred by the user only, and in any event up to a maximum of 1,000 NIS or the amount of services actually ordered by you on the actual site, whichever is the lower.

29. You are aware that the limitation of the overall liability of Ofran as well as the limitation of the overall financial liability that it will be required to comply with, are based on The Terms of Use of The Website and its operation in its current format.

30. You undertake to indemnify Ofran, its employees, managers, shareholders and anyone acting on its behalf, immediately upon their first demand, against any expense and / or payment that they will be required to bear for any damage and / or loss caused to them (including attorney's fees and court costs), In any case of use of The Website against the provisions of any law and / or The Terms of Use of The Website.

General

31. Retention of Rights - Even if we waive any of our rights under The Terms of Use of The Website in a particular case or give you an extension to perform any of your obligations, we do not have to renounce our right or grant you an extension in other cases.

32. The Blue Pencil Doctrine - Cancellation or determination of the cancellation of any of the terms and conditions of use of The Website shall apply only to that condition or part, as the case may be, and in themselves shall not affect the binding validity of The Website Terms of Use.

33. Force Majeure - We will not be considered to have violated The Terms of Use of The Website if will be delayed and / or refrained from performing any of our obligations under the Agreement between us as a result of Force Majeure events and / or other circumstances beyond our control, whether or not anticipated, including and without derogating of the foregoing, as a result of the decree and / or regulation of a government authority, earthquake, storm, shortage of materials and / or public services and / or transportation services, fire, flood, explosion, explosion, accident, A strike, a boycott, riots, a breach of public order, a war, a military operation, an act of terror and / or enmity and closure and / or any action carried out by the user and / And you shall have no right and / or claim in such a case.

34. Applicable Law - The Terms of Use of The Website shall apply only to the laws of the State of Israel.

35. Ways of addressing - You can address us in any of the following means: (1) email- help@ofran.com; (2) fax: +972-3-7955301; and (3) by mail to Ben Yehuda st. 1, Tel Aviv- Jaffa 6380101. A notice sent by registered mail shall be deemed to have been received after seven working days from the date of dispatch at the post office, a notice sent by email or by fax shall be deemed to have been received on the date on which it is confirmed in writing.