Terms Of Use
Last Revised: July 23, 2024
HI – CENTER – HAIFA HITECH INITIATIVES CENTER LTD. (“HI-CENTER”, “Company”, “we”, “our”) welcomes you (the “User(s)”, or “you”) to our primary website at https://www.hifund.co.il/(and its subdomains) (the “Site”). The Site invites startups that wish to raise capital and individual investors who wish to invest in startups to join a Hub where such individuals can learn about the venture of such startups, designate startups in which they are interested to invest, and allow HI-CENTER to coordinate an initial introduction and facilitate the parties’ discussions towards a possible investment, all subject to the terms specified below (respectively, the “Startups”, the “Investors”, the “Hub” and the “Services”).
Important Note: the Company is registered in the “Registry of Proposal Coordinators” as a “Proposal Coordinator” in accordance with the Israeli Securities Law, 5728-1968. However, these Terms do not apply to the Company’s activities in its capacity as a Proposal Coordinator and the Site, the Hub and the Services are not operated by the Company in such capacity.
Each User may use the Site, the Hub, and the Services (as applicable) in accordance with the terms and conditions hereunder. The term “User” or “you” refers to (i) users visiting the Site; (ii) individuals acting on behalf of a Startup (e.g., founders); or (iii) Investor.
- Acceptance of the Terms
By entering, connecting to, accessing or using the Site, you acknowledge that you have read and understood the following terms of use, including the terms of our Privacy Policy available at: https://www.hifund.co.il/privacy-policy (collectively, the “Terms”) and you agree to be bound by them and to comply with all applicable laws and regulations regarding your use of the Site and you acknowledge that these Terms constitute a binding and enforceable legal contract between HI – CENTER and you. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ENTER TO, CONNECT TO, ACCESS OR USE THE SITE IN ANY MANNER.
The Site is available only to individuals who (a) are at least eighteen (18) years old; and (b) possess the legal capacity to enter into these Terms (on behalf of themselves and their organization, as applicable) and to form a binding agreement under any applicable law. You hereby represent that you possess the legal authority to enter into these Terms on your and your organization’s behalf and to form a binding agreement under any applicable law, to use the Site in accordance with these Terms, and to fully perform your obligations hereunder. For the avoidance of doubt, any act or omission performed by you in connection with the Site shall obligate your organization.
- The Site and Hub
The purpose of the Hub and the Services is to coordinate an initial introduction between Startups and Investors and facilitate their discussions with the aim of reaching an investment of such Investor in such Startups. However, no investments shall be made via the Site or the Hub, which do not constitute an investment platform but merely designated to set a preliminary basis for a potential investment process. Actual investments shall be conducted separately and independently by Startups and Investors, outside the borders of the Site and the Hub. We do not have control over, nor are we responsible for, the decisions or actions of Users, including the terms and conditions of any investment agreements made between Angels and Startups.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT IN CASE SUCH AN INVESTMENT WILL FINALIZED BETWEEN THE STARTUP AND AN INVESTORS AS A RESULT OF THE SERVICES, WE WILL RECEIVE CERTAIN PAYMENT FROM THE STARTUP, AS FURTHER DETAILED BELOW.
NOTHING ON THIS SITE, THE HUB OR THE SERVICES CONSTITUTES OR FORMS PART OF ANY OFFER TO SELL OR SUBSCRIBE TO, OR ANY INVITATION TO MAKE AN OFFER TO BUY OR SUBSCRIBE TO, ANY SECURITIES.
The Hub does not include internal communication channels between Startups and Investors and as such any introductions between Investors and Startups shall be made via the contact details that are provided to us by such Investor and Startups.
WE EXPLICITLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY WITH RESPECT TO ANY SORT OF ENGAGEMENTS OR COMMUNICATION MADE BETWEEN THE STARTUPS AND INVESTORS, THEIR MEANS OR THEIR RESULTS, INCLUDING BUT NOT LIMITED TO WHETHER SUCH INTERACTIONS HAVE RESULTED IN AN INVESTMENT OR NOT OR REGARDING THE NATURE OF OUTCOME OF SUCH INVESTMENTS.
THE INFORMATION WE PROVIDE ON THE SITE AND/OR THE HUB OR OTHERWISE AS PART OF THE SERVICES OR IN ANY RELATED COMMUNICATION MADE BETWEEN US AND ANY STARTUP AND/OR INVESTOR IS FOR GENERAL INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE FINANCIAL ADVICE OR INVESTMENT RECOMMENDATIONS, NOR DOES IT CONSTITUTE A COMPREHENSIVE OR COMPLETE STATEMENT OF THE MATTERS DISCUSSED OR THE LAW RELATING THERETO. INVESTING IN PRIVATE COMPANY SECURITIES IS A LONG-TERM, HIGH-RISK ENDEAVOR AND IS SUBJECT TO VARIOUS SECURITIES LAWS. WE STRONGLY ENCOURAGE YOU TO SEEK FROM QUALIFIED PROFESSIONALS’ ADVICE AND CONDUCT YOUR OWN DUE DILIGENCE BEFORE MAKING ANY INVESTMENT OR FINANCIAL DECISIONS, WHETHER YOU ARE A STARTUP OR AN INVESTOR.
BY USING OUR SERVICES, USERS ACKNOWLEDGE THAT WE DO NOT OWE THEM ANY DUTY OF CARE, DUTY OF LOYALTY, OR OTHER FIDUCIARY DUTY. YOUR USE OF OUR SERVICES DOES NOT CREATE A FIDUCIARY RELATIONSHIP BETWEEN US.
In order to join the Hub as an Investor, you will be required to complete an online Investor Form on our Site (the “Investor Form”). Due to regulatory limitations, only individuals that qualify as “accredited investors” under applicable law are eligible to review financial information about the Startups via the Hub. Thus, in case you are an accredited investor, as part of the submission of the Investor Form, you will be required to confirm and declare, amongst other things, that you meet the Accreditation Terms available on https://www.hifund.co.il/terms-of-use/ . Such Accreditation Terms are incorporated herein by reference and form an integral part of these Terms. In case of any conflict between the Accreditation Terms and these Terms, the Accreditation Terms shall prevail.
IF YOU DO NOT MEET THE ACCREDITATION TERMS YOU WILL NOT BE ENTITLED TO VIEW ANY FINANCIAL INFORMATION ABOUT STARTUPS VIA THE HUB BUT ONLY GENERAL PUBLIC INFORMATION ABOUT SUCH STARTUPS. IN ANY EVENT, YOU MAY STILL USE THE SITE AS A VISITOR (OUTSIDE THE HUB).
We retain full discretion as to whether to accept you into the Hub as an Investor. Such a decision shall be made based on the information you provide via Investor Form and our internal acceptance procedures and policies. Once entering the Hub in a capacity of an Investor, you will be able to view a portfolio of Startups that are members of the Hub, accompanied with certain User Generated Content (as defined below) which was shared with us by such Startups. You may be able to see only Startups that suit the information you provided in the Investor Form, based on our sole discretion. Then, you may be able be designate specific Startups in which you are interested to invest, and will may introduce you to such Startups and make an initial connection between you.
WE DO NOT GUARANTEE THAT ANY SUCH INTRODUCTION SHALL BE MADE AND WE DO NOT GUARANTEE THAT ANY SUCH INTRODUCTION, IF MADE, WILL RESULT IN ANY ACTUAL INVESTMENT OR ANY OTHER BUSINESS RELATIONSHIPS.
In order to join the Hub as a Startup, you will be required to submit a respective application form via the Site (the “Startup Form”). We retain full discretion as to whether to accept you to the Hub as a Startup, which decision shall be made based on the information you provide via Startup Form and our internal acceptance procedures and policies. If we find you suitable for membership in the Hub, we will reach out to you in order to discuss the terms of such membership, including the commission and\or consideration to which we will be entitled in respect of any investment resulting therefrom. Where mutually desired, you shall be required to execute a separate written agreement which shall formalize such terms and govern our engagement. In case of any conflict between the terms of such agreements and these Terms, the terms of such agreement shall prevail.
The Company makes no warranties or representations in respect of any User Generated Content made available to you in any manner in connection with the Site and/or the Hub and/or the Services, all of which shall be provided on an “AS IS” basis. We rely on such User Generated Content as it is received from the Startups or Investor, and we cannot and are not responsible for ensuring its integrity, credibility, or accuracy. The Company does not own, control, manage, operate, support, sponsor or otherwise affiliated with any Startups or Investor, and we hereby disclaim any liability for any mistakes or inaccuracies in any User Generated Content. If you identify any discrepancies in such respect, or if you believe that any User Generated Content made available to you is inaccurate, please contact this e-mail address [email protected] with necessary details.
We do not conduct any checks to verify the truthfulness of any information provided via the Investors Form or the Startup Form or otherwise, including without limitation whether the Investors who declare to be “accredited investors” do indeed qualify as an ‘accredited investors” or not. You hereby represent and warrant that all information you provide us as part of such forms or otherwise in connection with your use of the Site and/or the Hub and/or Services, is accurate, truthful, complete and honest and you agree to hold us harmless and fully indemnify us from any damages, liabilities, claims and losses which we may incur as a result of such breach of such representation. Without derogating from the generality of the above, Startups should be mindful of the regulatory requirements in their jurisdiction and should perform due diligence on any Investor, accordingly, including to verify that they qualify as “accredited investors” under applicable law.
The Site also provides comprehensive information regarding our activities and includes, inter-alia, an overview of, and news regarding HI – CENTER, our service, our investments and so forth, including any other content related thereto such as contact information, videos, text, files, logos, button icons, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications materials, designs, data, the “look and feel” of the Site, algorithms, source and object code, interface, GUI, interactive features related graphics, illustrations, drawings, animations, and other features obtained from or through the Site (collectively, the “Content”).
Your use of the Site and/or the Hub and/or Services may include receiving push-notifications, messages, emails, alerts via various means of communication. You can deactivate certain push-notifications at any time by changing the notification settings on your device and/or browser.
PLEASE READ CAREFULLY: GENERALLY, IN MOST CASES THE COMPANY IS NOT EXPECTED TO BE A PARTY TO THE ACTUAL TRANSACTIONS WHICH MAY BE ENTERED INTO BETWEEN STARTUPS AND INVESTORS AND RESULTING FROM THEIR MEMBERSHIP IN THE HUB AND/OR USE OF THE SERVICES, AND SUCH TRANSACTIONS SHALL BE MADE INDEPENDENTLY BY INVESTORS AND STARUPS. HOWEVER, IN CERTAIN CASES THE COMPANY MAY ELECT (AS ITS SOLE DISCRETION) TO CO-INVEST IN CERTAIN TRANSACTIONS OR TO OTHERWISE JOIN CERTAIN TRANSACTIONS IN OTHER CAPACITIES, ALL AS AGREED BY THE RELEVANT PARTIES.
IN ANY EVENT, NOTHING ON THIS SITE, THE HUB OR THE SERVICES CONSTITUTES OR FORMS PART OF ANY OFFER TO SELL OR SUBSCRIBE TO, OR ANY INVITATION TO MAKE AN OFFER TO BUY OR SUBSCRIBE TO, ANY SECURITIES, AND ANY SUCH TRANSACTIONS WILL BE MADE OUTSIDE THE FRAMEWORK OF THE SITE AND/OR HUB. .
YOUR ENTRANCE INTO ANY SORT OF ENGAGEMENT WITH A STARTUP OR INVESTOR, IS SOLELY AT YOUR OWN RISK. IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, RESULTING FROM OR ARISING OUT OF AY SUCH ENGAGEMENT.
TO THE EXTENT LEGALLY PERMISSIBLE, THE SITE AND/OR THE HUB AND/OR THE SERVICES AND/OR THE CONTENT AND/OR THE USER GENERATED CONTENT ARE PROVIDED ON AN “AS IS” BASIS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS, INCURRED BY YOU OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE SITE AND/OR THE HUB AND/OR SERVICES AND/OR THE CONTENT AND/OR THE USER GENERATED CONTENT. WE DO NOT GUARANTEE THAT ANY OF THE USERS’ NEEDS WILL BE FULFILLED.
YOUR USE OF THE SITE AND/OR THE HUB AND/OR SERVICES AND/OR THE CONTENT AND/OR THE USER GENERATED CONTENT IS ENTIRELY AT YOUR OWN RISK. USERS ARE RESPONSIBLE FOR THEIR OWN ACTIONS AND DECISIONS. WE ARE NOT RESPONSIBLE FOR ANY ACTIONS TAKEN BASED ON THE SITE AND/OR THE HUB AND/OR SERVICES AND/OR THE CONTENT AND/OR THE USER GENERATED CONTENT.
YOU ARE SOLELY RESPONSIBLE FOR BACKING UP ANY DATA UPLOADED TO THE SITE AND/OR HUB AND YOUR ACCOUNT. WE DO NOT ACCEPT ANY LIABILITY FOR ANY LOSS OF SUCH DATA.
WE RESERVE OUR RIGHT TO REFUSE THE PROVISION OF THE SITE AND/OR THE HUB AND/OR SERVICES, TO ANYONE, FOR ANY REASON, ALL SUBJECT TO APPLICABLE LAW.
- Account
If you use the Site in a capacity of an Investor, a personal account will be created for you on the Site based on the details you provided in the Investor Form (the “Account”), and you will be required to login into such Account in order to enter the Hub.
In order to protect the security of your Personal Information available on your Account to the greatest extent possible, you must safeguard and not disclose your Account log-in details and you must supervise the use of such Account.
You may not assign or transfer your rights or delegate your duties under the Account without the prior written consent of the Company. You must notify us immediately of any unauthorized use of your Account or any other breach of security and in such events you must change your password immediately via the settings in the Site and/or Hub. We cannot and will not be liable for any loss or damage arising from any failure of yours to comply with these Terms, i.e., if someone else accesses your Account through the registration information he/she has obtained from you or through a violation by you of these Terms, or for any unauthorized use of your password or Account or any other breach of security.
You must safeguard and not disclose your username and password of your Account and supervise the use of such Account. You must provide accurate and complete information for creating an Account and you agree to not misrepresent your identity or your Account information. You agree to keep your Account information up to date and accurate.
You are solely and fully responsible for maintaining the confidentiality of your password and Account and for all activities that occur under your Account. If we believe, in good faith, that you have created an Account impersonating another person, such Account may expose you to civil and/or criminal liability.
We note that we can suspend access to your Account if we believe, in our sole discretion, that one (or more) of the following events have occurred: (a) there is risk to the security or privacy of your Account; (b) there is a threat to the security or integrity of our network or our servers; (c) suspension is needed to protect the rights, property or safety of the Company, its Users or the public; (d) there is a basis for termination of your Account; (e) you have violated these Terms; and/or (f) we are required to by law. We may provide you a notice in the event of any such suspension. During such suspension, you will not have the ability to use or access your Account. In the event that we will determine, in our sole discretion, that the reason for suspension of access to your Account has been resolved, we may restore access to your Account.
If you wish to cancel and remove your Account, please use the applicable functionality within the Site or send us an e-mail of your request to: [email protected]. Your Account will terminate within reasonable time following your request, and from that date of termination you will no longer be able to access your Account (see further details with respect thereto in the Privacy Policy).
CANCELLING YOUR ACCOUNT MAY CAUSE THE LOSS OF CERTAIN INFORMATION YOU PROVIDED US AND/OR THE CAPACITY OF YOUR ACCOUNT. WE DO NOT ACCEPT ANY LIABILITY FOR SUCH LOSS.
- User Generated Content
The Site and/or the Hub may allow you to share, upload, post, publish and make available through it (including via the Startup Form or the Investors Form) your own copyrightable materials such as, images, literary works, text material, presentations, overviews, reports, analyses, datasheets, brochures, etc., and the Company may also allow you to share with it, as part of the Services, other material, data and/or information, including information pertaining to your business, your investment preferences and/or activities, all by various means (including oral) (collectively, “User Generated Content”).
Please be sure that while you use the Site and/or the Hub and/or Services you respect the proprietary rights including any intellectual property and privacy rights of third parties who have any rights with respect to the User Generated Content you uploaded to the Site and/or Hub or otherwise shared with the Company. We will not bear any liability for any loss, damage, cost or expense that you may suffer or incur as a result of or in connection with uploading any User Generated Content.
As long as the User Generated Content is subject to the applicable copyright law, such User Generated Content shall remain at all times, and to the extent permitted by law, the sole and exclusive property of the User.
You understand and agree that you are solely responsible for your User Generated Content and the consequences of posting or publishing such material on the Site and/or Hub, or otherwise providing it to the Company. Note that User Generated Content may become available to other Users of the Site and/or Hub and/or Services, and you assume any risk and liability in this regard.
SOME OF THE USER GENERATED CONTENT THAT YOU UPLOAD OR OTHERWISE SHARE WITH THE COMPANY MAY BE SHARED WITH OTHER USERS BY THE COMPANY (AT COMPANY’S SOLE DISCRETION). THEREFORE, SUCH CONTENT IS DEEMED NON-CONFIDENTIAL AND YOU HEREBY WAIVE ANY PRIVACY RIGHTS AND PUBLICITY RIGHTS (AS APPLICABLE) WITH RESPECT THERETO. PLEASE DO NOT SHARE WITH US ANY USER GENERATED CONTENT WHICH YOU CONSIDER TO BE CONFIDENTIAL. NOTWITHSTANDING, IN CASE YOU ARE USING THE HUB AS IN INVESTOR, YOUR USER GENERATED CONTENT WILL NOT BECOME PUBLICLY AVAILABLE TO OTHER INVESTORS VIA THE HUB.
You represent and warrant that you are the rightful owner of the User Generated Content you upload to the Site and/or Hub or otherwise provide to the Company or that you have (and will continue to have) all the necessary licenses, rights, consents, and permissions from the rightful owners of such User Generated Content and that such User Generated Content does not infringe any third party’s Intellectual Property Rights or other rights (including without limitation, any privacy rights, publicity rights, copyrights, or any other intellectual property rights).
IT IS THE USER’S RESPONSIBILITY TO OBTAIN ANY AND ALL CONSENTS REQUIRED UNDER ANY APPLICABLE LAWS, REGARDING THE POSTING OF ANY PERSONAL INFORMATION OF OTHERS WHICH IS PART OF THE USER GENERATED CONTENT, AND TO ADHERE TO ANY APPLICABLE LAWS REGARDING SUCH INFORMATION.
Except as expressly permitted herein, you expressly agree that the User Generated Content will not include any unsolicited promotions, advertising, contests or raffles.
You agree that you will not post or upload or share any User Generated Content containing content which is unlawful for you to possess, post or upload in the country in which you are resident, or which it would be unlawful for us to use or possess in connection with the Site and/or Hub and/or Services (including but not limited to any content which is defamatory, libelous, pornographic, indecent, harassing, threatening, abusive or fraudulent).
Although we have no obligation to screen, edit or monitor any of the User Generated Content, we explicitly reserves the right, at its sole discretion, to remove or edit, without giving any prior notice, any User Generated Content available on the Site and/or Hub at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Generated Content you post or store on the Site and/or Hub at your sole expense.
When you upload, post, publish or make available any User Generated Content on the Site and/or Hub or otherwise provide it to the Company in connection therewith, you grant to (i) us an irrevocable, perpetual, non-exclusive, royalty-free, transferable, assignable, fully sub-licensable and worldwide license, to use, reproduce, distribute, transmit, create derivative works of, display, copy, make available to the public and perform that User Generated Content, along with the name that you submit in connection with such User Generated Content, whether through the Internet, mobile devices or otherwise, in any media formats and through any media channels known today and developed in the future, for the purpose of providing, marketing, promoting and improving the Site, the Hub or the Services and for any other legitimate business purposes ; and (ii) other Users of the Site and/or Hub a non-exclusive and royalty-free license to access your User Generated Content through the Site and/or Hub or directly from the Company outside the Site and/or Hub and to use such User Generated Content as necessary in order to use the Site and/or Hub and/or the Services, including to decide whether to conclude an investment with you, all subject to applicable law. In addition, you hereby explicitly waive any moral right you may have in and to the User Generated Content and forever waive and agree not to claim or assert any entitlement to any and all moral rights in any of the User Generated Content. Please note that the Company cannot monitor or control what other Users do with your User Generated Content and that the Company shall not bear any liability for any use by any third party of the User Generated Content.
The COMPANY TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY USER GENERATED CONTENT UPLOAD, POSTED, PUBLISHED AND MADE AVAILABLE BY YOU OR ANY THIRD PARTY IN THE SITE AND/OR HUB AND/OR SERVICES, OR FOR ANY LOSS OR DAMAGE THERETO, NOR IS COMPANY LIABLE FOR ANY MISTAKES, DEFAMATION, LIBEL, FALSEHOODS, OBSCENITIES OR PORNOGRAPHY YOU OR ANY OTHER THIRD PARTY MAY ENCOUNTER VIA THE SITE AND/OR HUB.
As a viewer of the User Generated Content, you agree that if you find that any User Generated Content available on the Site is offensive harmful, inaccurate, misleading or were posted in violation of these Terms, you may simply stop viewing such User Generated Content and please contact our Copyright Agent (for more information see below).
The Site does not serve as a backup service. Termination of these Terms for any reason will result in loss of access to your User Generated Content, or any other User Generated Content available via the Site or otherwise. It is your sole responsibility to maintain backups of all such User Generated Content, and you hereby disclaim any and all claims against the Company in this respect. The Company shall not be held liable for any loss, damage, or inconvenience suffered by you as a result of your failure to maintain adequate backups of your User Generated Content or any other User Generated Content available via the Site or otherwise.
Any use of the Site and/or the Hub and/or the Services in violation of the foregoing restrictions specified in this Section 4, constitutes violation of these Terms and may result, inter alia, in termination or suspension of your rights to use the Site and/or the Hub.
- Use Restrictions
There are certain conducts which are strictly prohibited when using the Site and/or the Hub. Please read the following restrictions carefully. Failure to comply with any of the provisions set forth herein may result (at HI – CENTER’s sole discretion) in the termination of your use of the Site and/or Hub and/or Services and may also expose you to civil and/or criminal liability.
Unless otherwise explicitly permitted under these Terms or in writing by HI – CENTER, you may not (and you may not permit anyone to): (a) use the Site and/or the Hub and/or Services and/or any Content and/or any User Generated Content for any illegal, immoral, unlawful and/or unauthorized purposes; (b) use the Site and/or the Hub and/or Services and/or any Content and/or any User Generated Content for non-personal or commercial purposes; (c) remove or disassociate, from use the Site and/or the Hub and/or any Content and/or any User Generated Content any restrictions and signs indicating proprietary rights of HI – CENTER or its licensors, including but not limited to any proprietary notices contained in such materials (such as ©,™, or ®); (d) interfere with or violate Users’ rights to privacy and other rights, or harvest or collect personally identifiable information about Users without their express consent, whether manually or with the use of any robot, spider, crawler, any search or retrieval application, or use other manual or automatic device, process or method to access the Site and retrieve, index and/or data-mine information; (e) interfere with or disrupt the operation of the Site or the servers or networks that host the Site, or disobey any laws, regulations, requirements, procedures, or policies of such servers or networks; (f) falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that HI – CENTER endorses you, your site, your business or any statement you make, or present false or inaccurate information about the Site; (g) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our platform infrastructure, as determined by us; (h) bypass any measures we may use to prevent or restrict access to the Site; (i) copy, picture, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Content made accessible by HI – CENTER on or through the Site and/or Hub, or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such Content; (j) copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to HI – CENTER’s proprietary rights, including HI – CENTER’s Intellectual Property (as such term is defined below), in any way or by any means; (k) make any use of the Content or User Generated Content on any other site or networked computer environment for any purpose without HI – CENTER’s prior written consent; (l) create a browser or border environment around HI – CENTER Content (no frames or inline linking is allowed); (m) sell, license, or exploit for any commercial purposes any use of or access to the Site and/or the Content and/or User Generated Content; (n) frame or mirror any part of the Site without HI – CENTER’s prior express written authorization; (o) create a database by systematically downloading and storing all or any of the Content and User Generated Content from the Site; (p) transmit or otherwise make available in connection with the Site any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (q) use the Site and/or the Hub for any purpose for which the Site is not intended; and/or (r) infringe and/or violate any of the Terms.
- Privacy and Policy
We respect your privacy and are committed to protect the information you share with us. We believe that you have a right to know our practices regarding the information we collect when you connect to, access or use the Site and/or the Hub. Our policy and practices and the type of information collected via the Site and/or Hub are described in detail in our Privacy Policy available at https://www.hifund.co.il/privacy-policy, which is incorporated herein by reference. You agree that HI – CENTER may use personal information that you provide or make available to HI – CENTER in accordance with the Privacy Policy. If you intend to access or use the Site you must first read and agree to the Privacy Policy.
- Intellectual Property Rights
The Site, the Content and HI – CENTER’s proprietary assets and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, service marks, copyrightable materials, domain names and trade secrets, whether or not registered or capable of being registered (collectively, “Intellectual Property”), are owned by and/or licensed to HI – CENTER and are protected by applicable patent, copyright and other intellectual property laws and international conventions and treaties. All rights not expressly granted to you hereunder are reserved by HI – CENTER and its licensors.
The Terms do not convey to you an interest in or to HI – CENTER’s Intellectual Property but only a limited revocable right of use in accordance with the Terms. Nothing in the Terms constitutes a waiver of HI – CENTER’s Intellectual Property under any law.
To the extent you provide any feedbacks, comments or suggestions to HI – CENTER (“Feedback”), HI – CENTER shall have an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any HI – CENTER current or future services and/or activities and use same for any purpose all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed to be non-confidential. Further, you warrant that your Feedback is not subject to any license terms that would purport to require HI – CENTER to comply with any additional obligations with respect to any HI – CENTER current or future products, technologies or services that incorporate any Feedback.
- Trademarks and Trade names
HI – CENTER’s marks and logos and all other proprietary identifiers used by HI – CENTER in connection with the Site (“HI – CENTER’s Trademarks”) are all trademarks and/or trade names of HI – CENTER, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on the Site belong to their respective owners (“Third Party Marks”). No right, license, or interest to HI – CENTER’s Trademarks and the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest may be asserted by you with respect thereto and therefore you will avoid using any of those marks, except as permitted herein.
- Linking to HI – CENTER’s Site and links to Third Party Sites
We welcome links to any page on our Site. You are free to establish a hypertext link to the Site so long as the link does not state or imply any connection or approval of your website, products and/or services by HI – CENTER and does not portray HI – CENTER in a false or otherwise offensive manner. You may not link to our Site from a site that you do not own or have permission to use. In the event that you link to the Site you represent that your site does not contain content that is unlawful, offensive or infringing third party rights. However, we do not permit framing or inline linking.
Certain links provided herein permit our Users to leave this Site and enter non-HI – CENTER sites or services. Those linked sites and services are provided solely as a convenience to you. These linked sites and services are not under the control of HI – CENTER and it is not responsible for the availability of such external sites or services, and does not endorse and is not responsible or liable for any content including but not limited to content advertising, products or other information on or available from such linked sites and services or any link contained in linked sites or service. In addition, HI – CENTER is not responsible or liable for such linked sites and services’ privacy practices and/or any other practices. Your access to, use of and reliance upon any such sites, services and content and your dealings with such third parties are at your sole risk and expense. HI – CENTER reserves the right to terminate any link at any time. You further acknowledge and agree that HI – CENTER shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused, by or in connection with use of or reliance on any services, content, products or other materials available on or through such linked sites or resource. Most of such linked sites and services provide legal documents, including terms of use and privacy policy, governing the use thereof. It is always advisable, and we encourage you to read such documents carefully before using those sites and services, inter alia, in order to know what kind of information about you is being collected.
- Availability
The Site’s availability and functionality depends on various factors, such as communication networks. HI – CENTER does not warrant or guarantee that the Site will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free.
- Changes to The Site
HI – CENTER reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently this Site (or any part thereof, including but not limited to the Content) without notice, at any time. In addition, you hereby acknowledge that the Content provided under this Site may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that HI – CENTER shall not be liable to you or to any third party for any modification, suspension, or discontinuance of this Site or the Content included therein. You hereby agree that HI – CENTER is not responsible for any errors or malfunctions that may occur in connection with the performance of such changes.
- Disclaimers and No Warranties
TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE SITE AND/OR HUB AND/OR AND CONTENT AND/OR SERVICES AND/OR USER GENERATED CONTENT ARE PROVIDED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, AND HI – CENTER, INCLUDING ITS VENDORS, OFFICERS, SHAREHOLDERS, SUB-CONTRACTORS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS (COLLECTIVELY, “HI – CENTER’S REPRESENTATIVES“), DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE. HI – CENTER AND HI – CENTER’S REPRESENTATIVES DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE SITE AND/OR HUB AND/OR SERVICES AND/OR CONTENT AND/OR USER GENERATED CONTENT INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY OR THE QUALITY OF THE SITE AND/OR HUB AND/OR SERVICES AND/OR CONTENT AND/OR USER GENERATED CONTENT, AND ARE NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE RELATED TO ANY CONTENT AND/OR INFORMATION DISPLAYED WITHIN THE SITE. INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
- Limitation of Liability
IN ADDITION TO ALL OTHER DISCLAIMERS AND LIMITATION ANY LIABILITY PROVISIONS SET FORTH HEREUNDER, TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL HI – CENTER, INCLUDING HI – CENTER’S REPRESENTATIVES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY), INCLUDING, WITHOUT LIMITATION, LOSS OF GOODWILL, PROFITS OR DATA AND BUSINESS INTERRUPTION, ARISING HEREUNDER, RESULTING FROM OR ARISING OUT OF THE SITE AND/OR HUB AND/OR SERVICES AND/OR CONTENT AND/OR USER GENERATED CONTENT ANY ENGAGEMENTS WITH OTHER USERS OF THE SITE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE AS A RESULT OF YOUR USE OF THE SITE AND/OR HUB AND/OR SERVICES AND/OR CONTENT AND/OR USER GENERATED CONTENT AND/OR YOUR USE OR INABILITY TO USE THE SITE AND/OR HUB AND/OR SERVICES AND/OR CONTENT AND/OR USER GENERATED CONTENT AND/OR THE FAILURE OF THE SITE TO PERFORM AS REPRESENTED OR EXPECTED, OR FROM ANY CONTENT, OR FROM THE PERFORMANCE OR FAILURE OF HI – CENTER TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF HI – CENTER OR HI – CENTER’S REPRESENTATIVES BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, GUARANTEE OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER HI – CENTER OR HI – CENTER’S REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, HI – CENTER’S AND HI – CENTER’S REPRESENTATIVES’ TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE AND/OR HUB AND/OR SERVICES AND/OR THE CONTENT AND/OR USER GENERATED CONTENT SHALL BE LIMITED TO 100$ US DOLLARS. YOU WILL NOT, AND WAIVE ANY RIGHT TO, SEEK TO RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES FROM US AND FROM HI – CENTER’S REPRESENTATIVES.
INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
- Indemnification
In addition to any other indemnification obligations set forth hereunder, you agree to defend, indemnify and hold harmless HI – CENTER, including HI – CENTER’s Representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use, misuse of, inability to use and/or activities in connection with the Site and/or Hub and/or Content and/or User Generated Content; (ii) your violation of any of these Terms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party, in connection with your use of the Site; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the Site. It is hereby clarified that this defense and indemnification obligation will survive these Terms.
Without derogating from the foregoing, we reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without first obtaining our prior express written approval.
- Copyright Agent
The Company respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information in writing to Company’s Copyright Agent: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit Company to locate the material; (iv) information so that the Company can contact you, such as address, telephone number and email address; (v) a statement that you believe in good faith that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (vi) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed. The Company’s Copyright Agent can be reached at: [email protected].
- Amendments to the Terms
HI – CENTER may, at its sole discretion, change the Terms from time to time, including any other policies incorporated thereto, so please re-visit this page frequently. In case of any material change, we will make reasonable efforts to post a clear notice on the Site and/or will send you an e-mail (to the extent that you provided us with such e-mail address) regarding such change. Such material changes will take effect seven (7) days after such notice was provided on our Site or sent via e-mail, whichever is the earlier. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” date and your continued use of the Site on or after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. In the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by the law and without any prior notice.
- Termination of these Terms and the Termination of the Site’s operation
At any time, HI – CENTER may without notice discontinue your use of the Site, at its sole discretion, in addition to any other remedies that may be available to HI – CENTER under any applicable law.
Additionally, HI – CENTER may at any time, at its sole discretion, cease the operation of the Site or any part thereof, temporarily or permanently, delete any information or Content from the Site or correct, modify, amend, enhance, improve and make any other changes thereto or discontinue displaying or providing any information, Content or features therein without giving any prior notice. You agree and acknowledge that HI – CENTER does not assume any responsibility with respect to, or in connection with the termination of the Site’s operation and loss of any data. The provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive. Without limiting the generality of the forgoing, the Intellectual Property, Disclaimers and No Warranties, Limitation of Liability, Indemnification and General sections will survive the termination of the Terms.
Additionally, at any time, the Company may without notice discontinue your use of the Site and/or the Services and/or the Hub, at its sole discretion, in addition to any other remedies that may be available to the Company under applicable law, if it reasonably believes that you have breached any provision of these Terms or applicable law.
Please note that failure to comply with any of use restrictions set forth in these Terms may result (at the Company’s sole discretion) in the termination of your use of the Site and/or the Services and/or the Hub and may also expose you to civil and/or criminal liability.
- General
(a) These Terms constitute the entire terms and conditions between you and HI – CENTER relating to the subject matter herein and supersedes any and all prior written or oral agreements or understandings between you and HI – CENTER, (b) any claim relating to the Site or the use thereof will be governed by and interpreted in accordance with the laws of the State of Israel without reference to its conflict-of-laws principles and the United Nations Convention Relating to a Uniform Law on the International Sale of Goods may not be applied, (c) any dispute arising out of or related to the Site will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts located in the city of Tel-Aviv, Israel. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule. Notwithstanding the foregoing, HI – CENTER may seek injunctive relief in any court of competent jurisdiction, (d) these Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto, (e) no waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof, (f) YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF, OR RELATED TO, THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED, (g) if any provision hereof is adjudged by any court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein, (h) you may not assign or transfer these Terms (including all rights and obligations hereunder) without our prior written consent and any attempt to do so in violation of the foregoing shall be void. We may assign these Terms without restriction or notification, and (i) no amendment hereof will be binding unless in writing and signed by HI – CENTER.
For information, questions or notification of errors, please contact:
If you have any questions (or comments) concerning the Terms, you are most welcome to send us an e-mail to: [email protected].