Website Terms of Use

Welcome to the Home Market website. The site is owned by Sionov Group Real Estate Marketing Ltd., Company No. 515827137 (hereinafter: “the Company”). By using the site, you consent to the terms of use detailed below, which constitute a binding agreement between you and the Company. If you do not agree to any or all of the terms of use detailed below, you are requested not to use the site.

Use of this site is subject to the provisions of these regulations (hereinafter: “the Regulations” and/or “Terms of Use”). The user of the site (“the User”) is requested to read all the terms detailed in the regulations carefully, as the very act of browsing the site by the User constitutes agreement to all the Terms of Use detailed below, as they may be amended and/or updated from time to time. If the User does not agree to any or all of the Terms of Use, they are not permitted to browse the site and/or make any use of it for any purpose.

The Terms of Use refer to and are intended for men and women as well as corporations and other legal entities alike, depending on context, whether the masculine, feminine, or plural form is used. For the avoidance of doubt, the use of masculine, feminine, or plural form is for convenience only.

The Company reserves the right to change the provisions of these regulations at any time at its discretion. The binding regulations shall be those published on the site at the time of browsing.

Use of the site and its contents is provided as-is (AS-IS). The User shall have no claim, lawsuit, or demand against the Company regarding the use of the site. Nothing in the information on the site constitutes a commitment and/or representation by the Company to enter into a transaction with the User.

The site or its contents may not be used for unlawful purposes and/or in a manner contrary to the Terms of Use. In particular, any use that may cause harm to the site, its contents, or the Company, and/or acting in a way that would interfere with or disrupt other users’ use of the site, is prohibited.

All rights granted to the Company under the Terms of Use are in addition to any right available to the Company under any applicable law.

Definitions

“The Company”    Sionov Group Real Estate Marketing Ltd., Company No. 515827137

“The Site”    homemarket.co.il

“User”    Any person, including a corporation.

Introduction

The Company reserves the right to change, amend, or modify these terms at any time. Notice of any material change will be published on this page with an updated effective date. The User is responsible for regularly reviewing this page for any changes. Continued access to and/or use of the site constitutes ongoing consent to any change, and as a result, the User will be legally bound by the updated terms. If the User does not agree to the terms, they must immediately cease accessing the site.

The Company’s institutional records (or any other electronic record) shall constitute prima facie evidence of their content.

The Company makes efforts to ensure that the information presented on the site is as complete and accurate as possible; however, inaccuracies and/or errors may appear, and the Company will not bear any liability in this regard. In addition, the site may include links to third-party websites or features, including through advertising, images, or information. The site may include content from third parties not controlled by or affiliated with the Company. For the avoidance of doubt, such links do not express the Company’s position regarding those links, features, products, or services, and the Company will not be responsible in any way for such third-party services or features. The Company may, at its sole discretion, remove any link from the site and/or add additional links.

The Company does not commit to selling properties and/or providing additional information about properties beyond the information published on the site, and/or providing the services presented on the site, in whole or in part, and the User shall have no claim against the Company in this regard. The Company has sole discretion as to whether to provide services and/or additional information. The Company has sole discretion to change the structure, appearance, design, and any other aspect of the site, without the need to notify the User, who shall have no claim and/or demand and/or lawsuit against the Company for making such changes and/or for any malfunctions that occur in the course of making such changes.

For any question and/or inquiry regarding the operation and activities of the site, you may contact the Company’s customer service directly using the contact details specified on the site and in these regulations below. The Company will make every effort to address the User’s inquiry as soon as possible.

Use of the Site

Use of this site is at the User’s sole responsibility. The Company will not bear any liability of any kind, express or implied. The Company makes efforts to present accurate information; however, as noted, errors and inaccuracies in the content may occur, and the User is aware that the contents of the site are presented in a general manner.

The User and/or anyone on their behalf shall have no claim and/or lawsuit and/or demand against the Company, the content writers, content presenters, and/or anyone on their behalf regarding the characteristics of the site and its contents, their completeness, accuracy, legality, or precision.

All intellectual property rights, as that term is broadly defined, including copyrights and moral rights in the site’s content, belong to the Company.

The User is not permitted to make any use that contravenes the law and/or these Terms of Use. Without derogating from the generality of the foregoing:

      It is prohibited to duplicate, copy, photograph, translate, store in a database, publish, or modify any part of the site.

      No commercial use of the content, in whole or in part, may be made; no part of it may be transferred to a third party and/or used other than as expressly permitted under these Terms of Use, without obtaining the prior written consent of the Company.

      It is prohibited to transfer, rent, sublicense, lend, distribute, display, or make use of the site’s content.

 

The User authorizes the Company to make use of the information they provided on the site and their contact details for the purpose of contacting them, in order to inform the User about various properties and/or services provided by the Company and/or third parties with whom it has commercial or other relationships, which may be of interest to the User, including promotional material about the Company’s products and/or properties and/or services, as well as activities related to its business partners. The Company shall be entitled to bring such information to the User’s attention: (1) to the email address provided by the User; (2) to their mobile phone screen via SMS, WhatsApp, or any other means. Accordingly, the User shall have no claim against the Company and/or anyone on its behalf under the Communications Law (Telecommunications and Broadcasting) (Amendment No. 40), 5768-2008 (hereinafter: “the Anti-Spam Law”). If the User does not wish to receive or continue to receive such promotional material, they may remove themselves from the mailing list to which these messages are sent, in accordance with the Anti-Spam Law.

The User hereby expresses consent to receive messages from the Company and/or anyone on its behalf, including promotional content, via the contact details left on the site. For the avoidance of doubt, the User shall be precluded from raising any claim against the Company in connection with the Anti-Spam Law and/or any other legislation existing or that may exist in the future in this context.

User Declarations

The User declares, without reservation, that they agree:

      To comply with these terms and to periodically review this page to ensure they are aware of any changes;

      To comply with all laws applicable to the use of the site, including but not limited to intellectual property laws;

      To treat all Company customer service representatives and other employees with respect;

      To all the provisions of these terms and agrees to act in accordance with them.

 

The User declares, without reservation, that they agree not to:

      Use the site in a manner that harms the site or prevents its use by other users;

      Use the site for any harmful, unlawful, or malicious purpose;

      Copy, modify, transmit, distribute, or create any derivative works from any content published on the site that is protected by intellectual property rights, including but not limited to trademarks, trade names, service marks, industrial designs, patents, trade secrets, and copyrights, as well as any other content and/or product accessible through the site, without the prior written consent of the Company;

      Use any robot, crawler, site search/retrieval application, proxy, or other manual or automated device, method, or process to access, retrieve, index, and/or “data mine”, or in any way replicate or circumvent the navigational structure or presentation of the site or its content;

      Use the site for testing, scanning, automatic data collection (scraping), hacking, breaching the Company’s security systems and any computer and communication system serving them, disrupting the site’s operation, circumventing the site’s protection mechanisms, manipulating the site’s activities, or accessing features or functionality of the site not intended to be accessible or not documented;

      Upload viruses or other malicious code or otherwise compromise the security of the site;

      Investigate, scan, or test the vulnerability of the site or any system or network, or operate a computer application or any other means, including Crawlers, Robots, and similar software, for the purpose of searching, scanning, copying, or automatically retrieving site content (in whole or in part). In particular, no such means may be created or used for the purpose of creating a compilation, collection, or database containing the site’s content (in whole or in part);

      Encourage, promote, or agree to engage in any activity that violates these terms;

      Use the site and/or its content for commercial and/or other purposes beyond those for which the site is intended, without the prior written approval of the Company.

 

The User undertakes to indemnify the Company and/or its employees, managers, shareholders, representatives, agents, affiliated corporations, and/or anyone on their behalf for any damage, loss, payment, or expense incurred by them, including attorney’s fees and legal costs, resulting from a breach of the above terms or from a claim and/or demand directed at any of them by a third party as a result of such breach.

For the avoidance of doubt, the User’s liability includes liability for direct, indirect, consequential, incidental, and/or special damages, including reputational harm, loss of income, loss of data, and loss of profits.

Without prejudice to any other right of the Company under any law, in cases where the Company suspects that the use of the site does not comply with these regulations and/or any law, the Company shall be entitled to monitor the User’s use, deny them access to the service, transfer their details and/or behavioral patterns to third parties who can demonstrate, to the Company’s satisfaction, that they are harmed by such infringing activity, and take any other action the Company deems appropriate and/or is required to take by law.

5. Site Content

The images displayed on the site are for illustrative purposes only, and there may be differences between the appearance and specifications of properties as shown in the images and the actual properties. Should any error appear on the site, such as in a property description or price, this shall not be binding on the Company, and the applicable description and price shall be those provided directly between the Company and the User in direct communication between them. In any case, the Company shall not bear any liability for discrepancies between what is displayed on the site and the actual price or description. Without derogating from the foregoing, it is agreed and clarified that the Company will endeavor to present accurate images and information as much as possible.

Without derogating from the foregoing, the Company and any party involved in creating, producing, or providing the site bears no responsibility regarding the content appearing on the site, including but not limited to articles, images, features, reviews, data, news, advice, assessments, guidelines, and/or any other information in any format made available to the User on the site by any means existing today or in the future, whether such content is owned by the Company and/or the site operators or by any third party, their reliability, content, accuracy, trustworthiness, availability, and their effect on site users and/or any third party exposed to the site’s content in any other way. The Company and/or the site operators are not responsible, in any form, expressly or impliedly, for the site’s content and for actions accessible through the site, services accessible through the site, including, inter alia, liability for quality, fitness for a particular purpose, non-infringement, and/or damage caused or that may be caused due to a defect and/or malfunction in the software operating the site or the access to the site.

The Company does not commit to selling properties and/or providing the services presented on the site, in whole or in part, on an ongoing basis, and retains sole discretion to change the list of properties and services displayed on the site. The User declares that they are aware that the properties displayed on the site are not owned by the Company. The Company does not commit to providing the User with additional information about any property appearing on the site.

6. Information Security and Limitation of Liability

The Company cannot perfectly secure its information systems and site data against unauthorized access and unauthorized use by third parties that could lead to the exposure of information presented on the site, or to disruptions and/or interference with the site’s operation and/or errors and/or malfunctions of any kind regarding the site and/or the information appearing on it. The Company does not guarantee that unauthorized access to its computers or servers and/or to users’ computers will not occur. To the extent that such access occurs and/or a third party obtains information presented on the site, including information belonging to or concerning users, and makes any use thereof, the Company shall bear no liability in connection therewith, and the User waives in advance any claim in this regard.

Accordingly, the Company shall not bear any liability, direct or indirect, in cases of disclosure and use of information provided by the User arising, directly or indirectly, from unauthorized access by others or as a result of acts and/or omissions not within its control.

The Company and/or anyone on its behalf shall not be liable for any damage and/or loss and/or losses of any kind, direct, indirect, or consequential, caused or that may be caused, directly or indirectly, to the User and/or any third party, as a result of using the site.

The User hereby waives in advance any claim and/or demand and/or lawsuit against the Company in connection with damages, losses, loss of profits, or expenses as aforesaid, for whatever cause, and undertakes to indemnify the Company for any damage (including non-pecuniary damage such as reputational harm) and/or expense (including attorney’s fees) and/or loss (including loss of profit) that may be caused to it if they act contrary to the waiver under this section.

Should a competent authority determine that the limitation of liability detailed in these Terms of Use in general and in this section in particular exceeds what is permitted under any law, the maximum limitation of liability permissible under any law shall apply.

7. Intellectual Property

All intellectual property rights in the site, the content, and in connection therewith, and in all related documentation and all its parts and copies, are exclusively vested in and are the exclusive property of the Company. “Intellectual property rights” means copyrights and related rights (including rights in databases, catalogs, and photographs), patents, utility models, design rights, trademarks, images, trade names, trade secrets, know-how, and any other form of intellectual property rights, whether registered or not.

It is prohibited to copy, redistribute, transmit, publish, display publicly, transfer to a third party, create derivative works, or store the Company’s content, in whole or in part, temporarily or permanently, in any form, or to make any commercial or non-commercial, Israeli or international use of any of the above, without the prior written consent of the Company. It is likewise prohibited to distort, alter, or take any other action that may harm the accuracy of the information, its reliability, or the dignity or name of the Company as the rights holder, or of any other party.

These Terms of Use do not grant the User any intellectual property rights in the site and/or its content, and all rights not expressly granted in this agreement are reserved solely for the Company.

The mere act of publishing, uploading, or submitting content by the User on the site grants the Company a free, unlimited (in time and territory) license to copy, reproduce, distribute, market, make available to the public, perform publicly, transmit, publish, process, edit, translate, and use in any other way the User’s content, as well as to grant sublicenses for all of the above activities, through these regulations or by any other means, for consideration or without, at its sole discretion, both within the site and in any other media it deems appropriate.

8. Mailing

By leaving contact details on the site, the User expresses explicit consent to be registered for the Company’s official direct mailings. Checking the option (in a checkbox) for direct mailing during registration constitutes the User’s explicit written consent to receive electronic messages and short message service messages containing promotional content, as set forth in the Communications Law (Telecommunications and Broadcasting), 5742-1982.

A User who wishes to remove themselves from the mailing list after registering may do so without difficulty via the link at the bottom of the mailing received, or in writing to the Company’s customer service at the address listed at the bottom of these regulations.

Messages sent to the User by the Company that are part of providing service to the User on the site, such as sending a verification message, reminders to complete an order, etc., do not constitute “promotional messages”. By using the site, the User authorizes the Company to send such messages.

9. Dispute Resolution

In the unlikely event of a legal dispute between the User and the Company, the following provisions shall apply:

Individual Relief: Waiver of Class Action Right – The User waives the right to file or participate in a class action lawsuit against the Company or to seek relief on a representative basis, including any pending claim against the Company.

The parties hereby establish that exclusive jurisdiction to hear any dispute and/or disagreement that arises between them in connection with and/or arising from their relationship and this agreement, including in connection with its formation, validity, interpretation, performance, and/or breach, shall be vested in the courts of Tel Aviv-Jaffa, and those courts alone, in accordance with their subject-matter jurisdiction, and only Israeli law shall apply to the dispute.

10. Entire Agreement

These Terms of Use supersede any prior agreements or representations.

These terms, together with the Privacy Policy and any additional terms appearing on the site, constitute the entire agreement between the User and the Company regarding the use of the site. The terms supersede all prior agreements, representations, and arrangements between you and the Company, whether written or oral. Notwithstanding the foregoing, if a specific agreement is concluded between the User and the Company, the provisions of that specific agreement shall supplement these Terms of Use and, in the event of a conflict, the provisions of the specific agreement shall prevail.

If any provision of these terms is found to be unlawful or unenforceable, it shall be interpreted in the narrowest way that leads to its enforcement, and in any case, the remaining terms shall continue in full force and effect.

The User may not assign their obligations and rights under these Terms of Use, but the Company may assign them without restriction.

11. General

Any agreement, whether by conduct or in writing, by the Company to deviate from these Terms of Use, in whole or in part, shall not be deemed a blanket waiver of its rights and/or a binding precedent, and shall not be applied by analogy to another case. Failure to exercise and/or demand and/or sanction, whether generally or in a specific case, any right of the Company, shall not be deemed a waiver of such right and shall not constitute grounds for an estoppel claim against the Company.

Without derogating from the provisions of these Terms of Use, the Company reserves the right to take all legal measures available to it against the User in the event of a breach of the Terms of Use.

12. Customer Service

For various inquiries regarding the Company’s services, you may contact us by email at info@hmarket.co or by phone at *5536. Please state the reason for your inquiry in all correspondence. Operating hours are Sunday through Thursday, 9:00–19:00. Inquiries received outside operating hours will be answered, as far as possible, during the next business day.

 

Last updated: 22.05.2024