Terms of Use

It is clarified that this English version is a free translation from the Hebrew version, therefore if there is a dispute and a different interpretation between the English version and the Hebrew version – the Hebrew version will prevail and will be the determining version.

Terms of Use of the Website

Welcome to the website https://shikunenergy.com/ (hereinafter – the “Website”) of Shikun & Binui Energy Ltd. (hereinafter – the “Company”). Access and use of the Website are subject to the terms and conditions stipulated below (hereinafter- the “Terms of Use”).

Please be sure to peruse the Terms of Use, because your use and activity on the Website constitute consent on your part of the Terms of Use, without any restriction or reservation. The Terms of Use regulate the relationship between the Company and any person who browses and/or views and/or in any other a way, uses the Website or the information on the Website (hereinafter – the “User”). What is stated in the singular and masculine in the Terms of Use is done so merely for the sake of convenience, and it refers to both men and women.

The Information – General

The Website – in its entirety – includes all the information appearing therein and the software underlying it is offered to the public As Is. Although it is the intention of the Company that the information will be correct and accurate, the information may not be complete or up-to-date, or, alternatively, technical or other errors may occur in the information. The Company is not responsible for inaccuracies, or for lack of updating, or for errors or deficiencies that occur with respect to the information. The Company hereby clarifies that the information contained on the Website is for general and informative purposes only and does not constitute a recommendation and/or opinion and/or offer to purchase/sell the Company’s securities or any product, or to provide any service, and therefore the User is aware and agrees that any reliance on data, declarations, opinions, advice or any other information presented on the Website is done at the User’s discretion and on its sole responsibility. Some of the information may originate from third parties, and it is understood that the Company has no responsibility for such information, and the Company does not guarantee the accuracy of such information. Features, specifications, design or appearance of products described or displayed on the Website, including any images or simulations of a product included on the Website, are merely for illustrative purposes, unless otherwise stated. In the event of a discrepancy and/or contradiction between the information on the Website and information contained in the Company’s official documents, including information provided by Company employees – whether written or oral – the information contained in the Company’s offices, in its official documents, or provided by Company employees, who are authorized and permitted to do so, will be deemed correct.
Without derogating from the generality of the foregoing, it is hereby clarified that if any financial information is provided on the Website, this information refers to the date of the financial statement from which it was taken and it does not necessarily reflect the situation as of the date of its publication and appearance on the Website. Any financial or business information appearing on the Website is provided merely for the sake of convenience; however, only the official information reported by the Company in the Company’s formal publications to the Securities and Exchange Authority and the Tel Aviv Stock Exchange is binding.
The information on this Website may include forecasts, assessments, estimates and other information relating to the Company or future events and matters, the extent of which is uncertain and not solely within the Company’s control (forward-looking information). The main facts and figures used as a basis for this information are facts and figures regarding the current state of the Company and its business, facts and figures regarding the current state of the areas of activity in which the Company operates in its areas of activity, and macroeconomic and other facts and figures, all as is known to the Company at the time this Website was created.

Naturally, forward-looking information does not constitute a fact and it is based solely on the Company’s subjective assessments. Forward-looking information is inherently subject to not actually being realized, and such information is uncertain, it cannot be assessed in advance, and is generally not within the Company’s control. The materialization or non-materialization of forward-looking information will be affected, inter alia, by risk factors that characterize the Company’s activities, as well as by developments in the general environment and external factors that affect the Company’s activities, which cannot be assessed in advance and which are not within the Company’s control. The Company’s actual results and achievements in the future may differ materially from those presented on this Website. The Company does not undertake to update or change such forecast or assessment in order to reflect events or circumstances that occur after the date of publication of the information on the Website, and it does not undertake to update this Website.

Disclaimer

Any information or opinion presented on this Website does not constitute a recommendation for an investment, nor does it constitute an offer or solicitation to purchase or sell securities of the Company or its affiliated companies or of any other company. Any investment decision should be based solely on professional advice from a qualified person.

Copyright

The Website and the content appearing on it, including the Website design, drawings, charts, illustrations, photographs, images, maps, audio clips, video clips, texts, codes, graphics, etc. (hereinafter referred to as the “Information”) are protected by the copyright laws of the State of Israel, international treaties and the copyright laws of other countries. The Information is the property of the Company or third parties who have permitted the Company to publish the copyrighted Information on the Website. The User undertakes not to make changes or to process, edit, copy, publish, distribute, broadcast, display, publicly perform, reproduce, make derivative works, make available to the public, rent or sell any part of the Information or permit or assist others to take any of the above actions, without the Company’s prior written and express consent. Requests for the Company’s consent can be made by email to: info@shikunenergy.com. The User acknowledges the copyrights inherent in the Information and it undertakes not to make any commercial use of the Information, any use contrary to copyright law and international treaties, or to cause any change or distortion in the Information or any part thereof. The Information may not be presented by way of framing or in any other way, but only by a direct link to the full and original web page from the Company’s Website. The Company is free, at its discretion, to block any link that does not comply with the aforementioned condition.

Trademarks, Brands

The Company logo and any other registered mark of the Company and/or any of the companies in the group, whether or not the marking is indicated by them, are registered trademarks and are therefore the property of the Company, or brands owned by the Company, the use of which is exclusively reserved for the Company. All other marks found on the Website are trademarks or proprietary brands of their respective owners. No action may be taken that could infringe the proprietary rights over the trademarks or brands.

Links

This Website may include links to websites that are not operated by the Company. These links are provided merely for your convenience. The Company has no control over these websites, and is not responsible for the content that appears on these sites. The inclusion of links to other sites does not imply endorsement of the content of these sites or any other connection to these sites or their operators. The Company does not guarantee the integrity of the links, or that these links direct to sites to which each link purports to connect. The Company may, at its sole discretion, remove any link from the Website and/or add additional links thereto.

User Obligations

The User undertakes to use the Website in good faith and in accordance with the provisions of these Terms of Use. Without derogating from the foregoing, use shall be subject to any law and in accordance with the instructions of the Company and/or those acting on its behalf, and the User hereby declares and undertakes that upon entering the Website, he will refrain from causing any harm to the Company and/or to any third parties through using the Website. The mere entry and use of the Website and the User’s actions indicate the User’s consent and his undertaking to act or to refrain from acting as follows:

By entering the Website, the User agrees to all of the Terms of Use stipulated above and below.
The User undertakes not to upload, retrieve, transmit, distribute or publish Information or other material that may restrict or prevent others from using the Website.
The User undertakes not to make any commercial use of the Information. The right to use the Information is granted for the User’s personal and private use only. No commercial use of the Information and/or any use for profit purposes may be made, and the User may not allow any use of the said Information to be made by any third parties, whether in return for payment or not. It is hereby clarified that no use may be made of any Information published on the Website, for the purpose of displaying it on the Internet, and/or of any other service, without obtaining the Company’s prior written consent and subject to the conditions of such consent, if and to the extent that it is given. The User warrants that he will not store Information by using various types of software or publicly distribute Information that is published on the Website, commercially or within a commercial framework, or for any other purpose. The Website may not be presented in a design or graphic interface that is different from what is determined by the Company, unless its prior written consent is received, and the Website may not be presented in a manner that detracts in any way from the contents contained therein.
The User undertakes not to upload, retrieve, transmit, distribute or publish Information or other material that may encourage, solicit, incite or assist another to commit an act that is prohibited by law or that may give rise to legal liability.
The User undertakes not to upload, retrieve, transmit, distribute or publish Information or other material that includes a virus or other software that could damage computer systems.
The User undertakes not to upload, retrieve, transmit, distribute or publish Information or other material that may infringe the proprietary rights of another, including intellectual property rights, rights to the protection of privacy and/or any other proprietary right.
The User undertakes not to upload, retrieve, transmit, distribute or publish Information or other material that includes advertising of any kind without the express prior consent of the Company.
The User undertakes not to upload, retrieve, broadcast, distribute or publish Information or other material that is prohibited for publication or use, on account of it constituting a threat, harm, insult, defamation, slander, racism, pornography or other vulgar expression.
The User undertakes not to make changes and/or to interfere in any way with the source code of the Website and/or the Information and not to upload any software and/or applications that could harm or cause damage to the Company and/or to any other third parties.
The User is aware of the limitations of the Internet regarding information security on the network and it hereby releases the Company from any liability in this regard.
The User undertakes not to use the Website in a manner that is not in compliance with any law and/or that is not agreed upon or that constitutes falsification, alteration or deletion of Information.
The User agrees to indemnify and compensate the Company for any damage, direct or indirect, and/or any expenses incurred by the Company in connection with a claim and/or demand arising from the execution of this agreement.
Without undermining any other right of the Company, the User agrees that in cases where the Company is concerned that the User’s use of the Website is inconsistent with the provisions of this Agreement and/or any law, the Company will be entitled to monitor the User’s use of the Website, to prevent the User from accessing the Site, or to provide the User’s behavior patterns on the Website to third parties who prove, to the Company’s satisfaction, that they have suffered damage through the User’s improper use, as well as any other action that the Company deems appropriate to take to protect its property and/or its rights.

Liability

The Information and services on the Website are offered to Users in an AS IS condition, and the User agrees and confirms that the Company, including its representatives, employees, managers, shareholders and those acting on its behalf, will not be liable for any damage whatsoever (direct and/or indirect) that is caused to the User and/or any third party in connection with the use made by the User, whether directly or indirectly, of the Information and/or the User’s reliance thereon.

Use of the Website is at the sole responsibility of the User. The Company does not bear any responsibility or liability for any disruption, error or omission in the content of the Website. The Company will not be liable for any damage, direct, indirect, consequential or incidental, due to access to the Website and its use or due to any prevention of access to or use of the Website, either on contractual grounds or on tortious grounds. The Company will not be liable for any damage, including as a result of “viruses” or software applications of any kind to the User’s computer equipment or to any other property of the User, that is caused by access to, browsing or use of the Website, including as a result of downloading Information from the Website.

It is hereby clarified that the Company and/or any information providers acting on its behalf, including its employees and/or representatives and/or anyone acting on its behalf, are not and will not be responsible in any way for adapting the Website, including the Information, to meet the needs and/or purposes of the User.
The Company is unable to monitor any Information and messages uploaded, if uploaded, by other users to the Website. What is stated in this section is in addition to any statement relating to the Company’s liability in connection with the Terms of Use, and this section is not intended to replace other statements regarding the Company’s liability in specific contexts such as liability for links, liability for the protection of privacy, liability for unauthorized actions by Users or in any other context, all as detailed in the Terms of Use in various sections hereof and/or in the text contained on the Website itself.
The Company does not guarantee that the Website will be available at all times and that the operation and/or integrity of the Website will not be interrupted and/or will be conducted without interruptions and/or without errors, malfunctions, faults or failures. The Company will not be responsible for such interruptions, nor will it be responsible for any inconsistencies in the User’s quality or nature and scope of the Information (including the method of its transmission), for any loss, damage or injury, direct, indirect, consequential or otherwise, that may be caused to the User or any third party in connection with such interruptions and/or in connection with the termination of certain services on the Website, for any reason whatsoever.
The Company will not bear any responsibility for the disclosure of Information provided by a User to the Website in the event of unlawful hacking into the Website’s computer systems.

Privacy and Databases

Subject to what is stated in Section 6.12 above as well as the provisions of this Section 8, the Company undertakes not to provide personal data of the User, except to the suppliers of the Company’s equipment and/or its service providers in connection with operating the Website. Notwithstanding what is stated above, it is hereby clarified that the Company will cooperate with any enforcement authority, and it will comply with any judicial order instructing the Company to disclose the identity of the User who has allegedly acted in violation of the law, or in violation of the rights of others. The Company is also entitled to use the details provided by the User, during his visit to the Website, for the purpose of analyzing and providing statistical or other Information to third parties, provided that such information does not personally identify the User.
Users who provide their details in the “Contact” boxes on the Website, hereby consent to their inclusion in the databases managed by the Company in accordance with the Protection of Privacy Law, 5741-1981 (hereinafter – the “Law”). The databases will be used by Shikun and Binui Energy Ltd, other companies in the group and related companies in joint projects. Direct mail delivery is subject to the User’s consent as specified in the contents of the Website.
The User agrees that, subject to law, the Company is entitled to restrict or block the Information (in whole or in part) to a User, temporarily or permanently, if the User has used the Information contrary to the requirements of any law and/or in breach of the provisions of the Terms of Use or for any other reasonable reason. The Company will be entitled to disclose the User’s personal information to the competent authorities or to third parties, if, in its sole discretion, this is required by the circumstances.
The User’s information will also be handled in accordance with the Privacy Policy, as updated from time to time and which constitutes part of these Terms of Use.
The Company is entitled to send the User identification files which enable the Company to identify the User and the User’s computer, and to use this identification information for its own needs and/or the needs of business partners.

Discontinuation of the Website

The Company is permitted to cease operating the Website at any time, either for a specific period or permanently, without giving prior notice and without obtaining the User’s consent.

Miscellaneous

The Company reserves the right to remove, correct, add or change any part of the Information on the Website by updating the Website from time to time. The User will not have any claim against the Company for changes in the Information on the Website. The Company reserves the right to refuse to grant access to this Website, or any part thereof, to any User, according to its sole discretion and without giving any prior notice.
The Company reserves the right to amend, add to or change these Terms of Use by updating this page from time to time. Any change to the Terms of Use will become effective immediately upon its publication on the Website within the context of the Terms of Use.
The Company is entitled to assign its rights under these Terms of Use to any third party as it deems appropriate and without any obligation on the part of the Company to make an announcement regarding such assignment.
The User agrees that the transmission of Information to or from the Website does not create any relationship between him and the Company, or any relationship between the User and the Company that goes beyond what is specified in the Terms of Use.
The activities on this Website, and any legal cause arising from the use of the Website, including the validity and interpretation of the Terms of Use, will be subject to Israeli law only, and the exclusive jurisdiction regarding any dispute pertaining to this Website and the use thereof will be conferred on the competent courts in Tel Aviv.
In the event that any part of the Terms of Use is ruled to be invalid or unenforceable, then the sections that are invalid or unenforceable will be deemed to be replaced with valid and enforceable sections whose contents most closely match the intention of the original sections, and the remaining sections of the Terms of Use will remain in full force and effect.