Terms of use

Welcome to the website http://www.arf.co.il (hereinafter: “the Site”), which is operated by Ashdod Refinery Ltd. (company no. 513775163) of 1 HaNeft Street, Ashdod, hereinafter: “ARF”, “the Company” or “We”). These Terms of Use constitute an agreement between the Company and any person browsing and/or viewing and/or otherwise using the Site (“the User” and/or “You”).

  1. Consent to the Terms of Use

By accessing, browsing or using the Site, you confirm that you have read and understood the following Terms of Use, including the terms of the Site’s Privacy Policy, which is available at the link https://arf.co.il/en/terms-of-use (hereinafter, jointly: the “Terms”). You agree that, as a user of the Site, the Terms will bind you and that you will act in accordance with all applicable laws and regulations in connection with the use of the Site. You hereby confirm that the Terms constitute a binding and enforceable legal agreement between the Company and you.

Use of the Site is for private and lawful purposes only and is permitted only to users that are legally competent or corporations.

The purpose of the Terms of Service is to clarify the relations between ARF and any person and/or the Users. If you do not agree to any of the Terms of Use detailed below, you are obligated, immediately, to refrain from entering, browsing, viewing or using the Site.

The Terms are formulated in the masculine form for convenience purposes only, and they also refer, of course, to women.

  1. The Site

The Site might contain content, documents, text, files, logos, icons, images, databases, technical data, knowledge, specifications, the “look and feel” of the Site, interface, GUI, interactive features, graphics and other features that are available on or through the Site – which are not creator content (“Information”). All rights in the Information are owned by the Company and/or are legally licensed thereto.

The Site and the Information are provided to you “as is”. The Company shall not be liable for any damages incurred by you or any other person as a result of or in connection with your use of the Site and/or the Information. Your use of the Site and/or the Information is at your sole risk.

  1. Prohibited Uses

Certain actions are prohibited when using the Site. Failure to comply with the provisions set forth below may also expose the User to civil and/or criminal liability.

You may not (and may not permit any third party), unless expressly permitted under these Terms of Use: (a) use the Site and/or the Content for any illegal, immoral, unauthorized and/or prohibited purpose; (b) use the Site and/or the Content for commercial or non-private purposes, without the Company’s express prior written consent; (c) remove or separate from the content and/or the site any restrictions and marks indicating proprietary rights of the Company or its licensors, including all proprietary notices appearing therein (such as ©, TM or ®), and you hereby declare and undertake that you will comply with all applicable laws in this regard; (d) violate and/or infringe on users’ rights to privacy and other rights, or collect personally identifiable information about users without their express consent, whether manually or through the use of any robot, any search or retrieval application, or the use of any other manual or automated means, process or method to enter the site and retrieve, collect and/or extract information; (e) damage or disrupt the operation of the Site or the servers or networks that host the Site, or violate any law, regulation, requirement, procedure or policy of such servers or networks; (f) make false statements or misrepresent your affiliation with any person or entity, or state explicitly or implicitly that the Company is in any way affiliated with you, sponsors, endorses you, your site, your business or your statements, or present false or inaccurate information about the site or the Company; (g) perform any action that creates or may create an unreasonable large load on the site’s infrastructure; (h) circumvent any means used by the Company to prevent or limit access to the Site; (i) copy, alter, modify, adapt, transmit, make available, translate, redirect, reverse engineer, convert binary code to open source, decompile, or separate any part of the Content or the Site, or display to the public, create derivative works, perform, distribute, sublicense, make any commercial use, sell, lease, transfer, lend, process, compile, combine with other software – of any material subject to the Company’s proprietary rights, including the Company’s intellectual property (as such term is defined below), in any manner or by any means, unless expressly permitted in the Terms and/or under any applicable law that expressly permits such actions; (j) make any use of the Content on any other site or computer network, for any purpose, without the Company’s prior written consent; (k) create a browser environment, frame, mirror or in-line link to any part of the Site without the Company’s express prior written permission; (l) sell, license or exploit for any commercial purpose any use of or access to the Site; (m) create a database by systematically downloading and storing all or part of the Content; (n) transmit or otherwise make available, in connection with the Site or the Content, any virus, “worm”, Trojan horse, bug, spyware, malware, or any other computer code, file or software that may harm, or is intended to harm the operation of any hardware, software, communications equipment, code or component; (o) use the Site and/or the Content for any illegal, immoral, unauthorized or inappropriate purpose; and/or (p) violate any of the Terms.

  1. Contacting Us Through the Website

In order to contact the Company through the Website, the User must fill out the contact form found at the following link: https://arf.co.il/en/contact-us. You must provide accurate and complete information in this form.

  1. Privacy Policy

The Company respects the privacy of its users and is committed to protecting the personal information that users share therewith. We believe that users have the right to know our policy regarding the collection and use of information received by us while using the Website. The information collection policy, including all its types, is described in our Privacy Policy, which is incorporated into these Terms of Use by reference. You agree and confirm that the Company will use personal information that has been transferred to the Company and/or made available thereto in accordance with the Privacy Policy.

  1. Intellectual Property Rights

The Site, the Content and the Company’s proprietary assets and any intellectual property rights relating thereto, including but not limited to, patents and patent applications, trademarks and trademark applications, trade names, goodwill, copyrights, trade secrets, domain names, whether or not registered (hereinafter, jointly: the “Intellectual Property”) are owned by the Company and/or licensed thereto and are protected by copyright laws and other intellectual property laws and by international treaties and agreements. Any right not expressly granted to you under this Agreement shall be reserved by the Company and its licensors.

Subject to the Terms, the Company grants you a personal, non-exclusive, non-transferable and non-sublicensable right to use the Site, the Content and the services associated with the Site in a non-commercial manner. For the avoidance of doubt, the Terms do not grant you any right to the Company’s intellectual property, but only a limited and revocable right of use as aforesaid. Nothing in the Terms constitutes a waiver of the Company’s intellectual property under any law.

If you provide the Company with any feedback, comments or suggestions regarding the Site (“Feedback”), the Company will receive an exclusive, royalty-free, perpetual, worldwide and irrevocable license to incorporate the Feedback into all of the Company’s current or future products and services, and will also be entitled to use, without your permission, the Feedback for any purpose whatsoever, without providing you with any compensation. You acknowledge that the Feedback will be considered non-confidential information. You also declare that the Feedback is not subject to any license terms that would require the Company to comply with additional obligations in connection with its products and/or services that incorporate the Feedback.

You hereby agree that the Company may retain copies of certain information uploaded by you to the Site for backup purposes or for the purpose of enforcing the Terms, including conducting checks for breach of the Terms at the Company’s discretion.

  1. Trademarks and Trade Names

Ashdod Refinery Ltd., the Company’s logos and other proprietary identifiers used by the Company in connection with the Site or the services provided as part thereof (hereinafter: “Company Trademarks“) are all trademarks and/or trade names of the Company, whether or not registered, and whether or not registrable. All other trademarks, trade names, other identifying marks and other commercial symbols (including one or another logo) that may appear on the Site belong to their respective owners (“Third Party Trademarks”). Third-party trademarks are included on the Site (if any) for display, description and identification purposes only. No right, license or ownership in the Company’s trademarks or the trademarks of third parties is hereby granted and you must therefore refrain from using any of these marks, unless otherwise permitted in these Terms of Use.

  1. Site Availability

Availability and functionality of the Site and the services provided therein depend on many factors, including software, hardware, communication networks, service providers or contractors of the Company or other third parties (including such that provide cloud storage services). We will make reasonable efforts to ensure that the Site and these services are available continuously. However, the Company will not be responsible, and does not guarantee or warrant that the Site and the services will operate and/or be available at all times without interruptions or malfunctions, and that they will be free of defects. You hereby agree that the Company will not be liable for the inability of the Site to operate or be accessible, for any reason whatsoever; including interruptions in internet or network activity, interruptions in hardware or software activity due to technical or other problems beyond the Company’s control (e.g., obstruction, force majeure, negligence of third parties), etc. If maintenance is required for the Site in such manner that affects its availability, the Company may (but is not required to) inform users of the same in advance.

  1. Changes to the Site

The Company reserves the right to make corrections, extensions, improvements, adjustments and any other changes to the Site without prior notice and at any time. You hereby acknowledge that the Content is subject to change and may be removed from the Site at any time, without providing you with any prior notice. You agree that the Company will not be liable to you or any third party for any change, suspension or discontinuance of the Site or the Content.

  1. Disclaimer

To the maximum extent permitted by law, the Site and the Information are provided to Users “as is”. In addition to the exclusions of liability set forth in these Terms of Use, the Company, including its employees, suppliers, directors, subcontractors, affiliates, licensors and agents (collectively, “Company Representatives”), disclaim all warranties or representations of any kind (whether express or implied), including warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose, as well as warranties arising from the ordinary course of business or trade practice. You may have additional consumer rights under the laws of your country, which cannot be modified by these Terms of Use.

The Company does not warrant (a) that the Site and the Information are or will be safe to use, accurate, complete, error-free or uninterrupted, or free from viruses, defects, worms, other harmful components or other software limitations, (2) that it will correct any errors, defects or flaws in the Site, and/or (3) that the results of using the Site and its content will meet your requirements or expectations.

The Company shall not be liable for any consequences arising from technical failures (including but not limited to Internet connectivity, line or server congestion, delays and related interruptions) and arising from internet and telecommunications providers. You agree that use of the Site and/or the Content is at your sole risk. If certain jurisdictions do not allow the exclusions or limitations as specified above, the exclusions and limitations as aforesaid will not apply in full, but only to the maximum extent permitted by applicable law.

  1. Limitation of Liability

The Company and any person on its behalf will not be liable and will not bear any damage of any kind and type, direct, indirect, consequential or special in connection with the Site, including damage caused to the User and any person on the behalf thereof in connection with use of the Site – whatever the cause of action – including loss of income and/or prevention of profit caused for any reason.

The Company makes efforts to ensure that the information presented on the Site is up-to-date, however the information may be incomplete, out-of-date and there may be technical errors and other errors in the information. It is clarified that the Company is not responsible for inaccuracies and errors in and related to the information. The User undertakes to check the accuracy of the information.

For the avoidance of doubt, it is clarified that any reliance on the information presented on the Site is the full responsibility of the User. The Company will not be liable for and in connection with any damage caused to the User as a result of the User’s reliance on the information, the accuracy of the information, the suitability of the information for the User’s use and/or needs.

If certain jurisdictions do not allow the exclusions or limitations as stated above, the exclusions and limitations mentioned above will not apply in full, but only to the maximum extent permitted by applicable law.

  1. Indemnity

You agree to defend and indemnify the Company and its representatives from and against any claim, damage, loss, obligation, liability, expense and debt (including but not limited to, attorney’s fees) arising from: (a) your use of the Site not in accordance with these Terms of Use; (b) any breach by you of these Terms of Use; (c) your violation of any third party right, including but not limited to, intellectual property rights or the right to privacy; and (d) any damage of any kind, whether direct, indirect, special or consequential, caused by you to a third party related to your use of the Site or the Content. It is hereby clarified that the aforesaid indemnification obligation shall apply even after the termination of your engagement with the Company.

Without derogating from the generality of the foregoing, we reserve the exclusive right to conduct the exclusive defense and control of any matter and proceeding related to indemnification on your part, in such manner that does not derogate from your such obligation and that requires you to cooperate fully with us in conducting such proceeding. You agree that you will not agree to a settlement of any matter subject to indemnification by you without first obtaining our written consent thereto.

  1. Changes to the Terms of Use

The Company may, at its sole discretion, change the Terms from time to time and such changes shall enter into force immediately upon their incorporation into these Terms of Use, unless otherwise decided by the Company, at its sole discretion. Therefore, it is recommended to review these Terms of Use from time to time.

  1. Termination of the Site Operation and Termination of the Terms

The Company may, at any time, block your access to the Site and/or permanently restrict your access to the Site, at its sole discretion, in addition to any other remedy that may be available to the Company under any law.

In addition, the Company may, at any time, at its sole discretion, terminate the Site, temporarily or permanently, without providing any prior notice. You agree and confirm that the Company shall not be liable for any loss of information and/or any damages arising from or related to its decision to terminate or suspend the Site. The provisions of these Terms of Use, which by their nature survive the termination of the Agreement in order to fulfill the purposes of the Terms, shall remain in effect. Without derogating from the generality of the foregoing, the sections regarding intellectual property, disclaimer of liability, limitation of liability, indemnity and the “General” section shall continue to apply even after the termination of the Agreement.

  1. General

(a) These Terms of Use contain the entire understandings and terms agreed upon between you and the Company in relation to the subjects appearing in these Terms, and they prevail over all other agreements, prior or valid, written or oral, between you and the Company, (b) any claim in connection with the Site or its use shall be subject to, and construed in accordance with, the laws of the State of Israel (c) any dispute arising out of or related to your use of the Site shall be brought to trial in the competent courts in the Tel Aviv District, Israel, and you hereby consent to the exclusive and local jurisdiction of such courts. You agree to waive all defenses of lack of personal jurisdiction and forum non conveniens, and agree that court documents will be filed in the manner permitted by applicable law and/or by court order. Notwithstanding the foregoing, the Company may seek injunctive relief in any court of competent jurisdiction, (d) these Terms of Use do not create and shall not be construed as creating a partnership, joint venture, employee-employer, agency, or franchisor relationship between the parties, (e) no waiver by either party of any breach or default under these Terms of Use shall be deemed a waiver of any breach or default, whether prior or subsequent, (f) any section heading or other heading in these Terms of Use is for convenience only, and does not define or explain any section or provision contained in these Terms of Use, (g) you acknowledge and agree that any cause of action you may have arising out of or in connection with the Site shall be barred for two (2) years from the date of the event. After such period, it is hereby agreed between the parties that such cause of action shall be barred; (h) if any provision of these Terms of Use is determined by a competent authority to be illegal, void or for any reason unenforceable, then such provision shall be deemed to be a provision that can be limited or severed from these Terms, and such provision (to the maximum extent permitted by law) shall not affect the validity and enforceability of any remaining provision of these Terms, (i) you may not assign, sublicense or otherwise transfer any of your rights or obligations under these Terms, in whole or in part, without our prior written consent. We may assign or transfer our obligations under these Terms without restriction and without notice, (j) any amendment to these Terms of Use shall not be legally binding unless made in writing and signed by the Company, (k) the parties agree that all correspondence relating to these Terms shall be in writing (by email or regular mail), in the Hebrew or English language, (l) You agree, without limitation, that a printed version of these Terms and any notice given electronically shall be admissible evidence in judicial or administrative proceedings based on or in connection with these Terms, to the same extent and subject to the same conditions as other business documents and records that were originally produced and maintained in printed form.

  1. Questions

If you have any additional questions or comments regarding the Terms, you are welcome to contact us by email at: mailto:Cust-support@arf.co.il We will make every effort to get back to you within a reasonable time.