Terms of Use and Privacy Policy – NewMed Energy – Limited Partnership

The website www.newmedenergy.com (the “Site”) is owned by NewMed Energy – Limited Partnership (“NewMed Energy”).

The following terms and conditions (the “Site Rules”) regulate the terms and conditions and restrictions for use of the Site, the services offered thereon and/or any communication with NewMed Energy, including by telephone, regular post and e-mail, text messages (SMS), social media, and face-to-face conversations.

The Site Rules together with Additional Terms (as hereinafter defined) apply to everyone who makes or seeks to make use of the Site or the Site Contents (“User”). Any such use or attempted use of the Site constitutes consent, without any reservation and/or limitation, to the Site Rules and the Additional Terms. The Site Rules and the Additional Terms shall be jointly referred to as the “Terms of Use”.

NewMed Energy reserves the right to change or modify the Terms of Use from time to time, at its sole discretion and without any prior notice. Any such change shall take effect immediately, in accordance with its terms (for example, from the date on which it is posted on the Site), and the User’s continued use of the Site shall constitute the User’s acceptance of the updated Terms of Use.

If you do not agree to any of the Terms of Use, you should cease using the Site at once and leave it immediately.

Introduction, Interpretation and Definitions

1. The Terms of Use of the Site are phrased in the masculine form solely for convenience and refer to all genders equally.
2. Definitions. In these Terms of Use, the following terms shall have the meaning specified beside them:
   1. “Content” – The definition includes any information, data or content of whatever type, including any verbal, visual, audio and audiovisual content, and inter alia, texts, images, sounds, videos, on any media and on any end-device, currently existing and/or existing in the future and/or any combination thereof, including reports, articles, news, reviews, data, files, advice, analyses, recommendations, guidelines, estimations and any content and/or information in whatever format, as well as the design, processing, editing, distribution and manner of presentation thereof, including, but not limited to, any images, photographs, illustrations, animations, charts, shapes, imaging, samples, clips, audio files and music files; any software, files, computer codes, apps, formats, protocols, databases, interfaces and any characters, signs, symbols and icons.
   2. “Economic Content” – Content related to economic issues, including information about capital markets, the prices of securities traded on the Tel Aviv Stock Exchange, any foreign stock exchange, shares of Israeli corporations traded on foreign stock exchanges, data pertaining to public entities and/or entities traded on any stock exchange, information pertaining to the foreign currency market and other information of economic nature.
   3. “Commercial Content” – Content provided for advertising on behalf of various advertisers and third parties, including Users, for the purpose of marketing and selling assets and/or services, including announcements, ads, banners, etc.
   4. “Deep Link” – A link to the Site and/or its Content, other than to the Site’s homepage.
   5. “Site Contents” – Consist of Content that is included in and accessible through the Site, including Economic Content and Commercial Content.
   6. “Personal Information” – Data pertaining to an identified or identifiable person.
   7. “Privacy Protection Law” – The Protection of Privacy Law, 5741-1981.
3. Additional Terms. Additional and/or other terms and conditions and restrictions may apply to certain current or future products and/or services (“Additional Terms”). Unless otherwise specified, Additional Terms shall be deemed an integral part of the Terms of Use.
4. The Terms of Use are cumulative rather than alternative and, to the extent possible, shall not be assigned an interpretation whereby one derogates from the other. NewMed Energy’s rights and remedies shall be cumulative, and no provision of the Terms of Use shall be construed as limiting any right or remedy that is available to NewMed Energy under the law or under other provisions of the Terms of Use.
5. Minors. The Site is not intended for minors. It is clarified that NewMed Energy cannot monitor the age of the Users. Every User represents and warrants that he is at least 18 years old. NewMed Energy reserves the right to require any User to provide proof of his age. In the event that NewMed Energy learns that a certain User is under 18 years of age, NewMed Energy reserves the right (inter alia) to terminate the User’s use of the Site, each of the Contents, and the products and/or services available thereon.

Use of the Site

1. The Terms of Use apply to the Site, to any part thereof and to the use thereof, including any and all pages included therein (in addition to the homepage), to the Content, the various services and/or products available thereon, regardless of the means by which the Site is accessed (including computers and/or other means of communication, such as cell phones, laptops, etc.), the media by which the Site is accessed (including the internet and/or any other media or network), or the User’s location (in Israel or anywhere else in the world). However, the Site may contain Third-Party Content which is subject to other documents (see Third-Party Content below).
2. NewMed Energy hereby grants the User a personal, non-exclusive, revocable and non-commercial viewing right. Every User represents and warrants that he will use the Site in a customary manner, in good faith, and in accordance with the provisions of the Terms of Use and with any law.
3. The Site may not be used for commercial purposes, unless explicit prior written approval shall have been given by NewMed Energy and subject to the terms and conditions of such approval (if given). The creation of any Deep Link to the Site and/or to any Content thereon is strictly prohibited.
4. NewMed Energy reserves the right to change, from time to time, the Site and its Content, including its appearance, its scope, its availability, the products and/or the services thereon, at its sole discretion and without giving prior notice of the change.

User Representations and Warranties

The User represents and warrants that he is over 18 years of age, that he will make use of the Site and the Content solely in accordance with the Terms of Use and with any law, and that his use of the Site and the Content shall not violate the law or the rights of any third party.

Use of the Content

1. The Site Contents, their publication, presentation and/or any Content presented on the Site shall not be deemed a recommendation and/or opinion on any matter whatsoever, nor shall they be deemed economic advice, financial advice, professional advice or any other advice, including with respect to the purchase or sale of securities, products and services of NewMed Energy and/or others, and the User should not rely thereon.
2. Some of the Content is created/provided by parties other than NewMed Energy. Although efforts are made to supervise the Content, NewMed Energy makes no warranty that the Site and/or the Content and/or any use thereof will be secure, accurate, complete, free of malfunctions or disruptions, or free of viruses, errors, defects, computer worms, other harmful components or limitations in the software. Furthermore, NewMed Energy does not undertake to correct any error, malfunction or defect in the Site and/or the Content, and it does not undertake that the Site and/or the Content will meet the User’s expectations. The User agrees that use of the Site shall be at the User’s sole risk.
3. In addition to the restrictions specified in the Terms of Use, Contents found on the Site (in particular, Commercial Content and/or Economic Content) are subject to the terms of use and privacy policies of the regulator and/or the corporation that is the source of the Contents, e.g., Contents originating from the stock exchange in Israel and/or stock exchanges around the world and/or the Israel Securities Authority, and so forth.
4. The Content that appears on the Site (in particular, the Economic Content and/or Commercial Content) does not constitute any confirmation, recommendation or opinion with respect to such Content and/or in relation to any financial conduct or transaction, including the purchase or sale of securities, products and/or services that are related thereto. Every User represents and warrants that he shall not use the Site and/or any of the Contents for the aforesaid purposes, and he exempts and holds harmless NewMed Energy, its employees, officers, partners, shareholders, subsidiaries, consultants, suppliers and anyone acting on its behalf (the aforementioned, jointly with NewMed Energy: “NewMed Energy Parties”), from and against any claim, suit, demand, damage, loss of profit, cost and/or liability in connection with the foregoing for an indefinite period of time.
5. It is clarified that the Content on the Site may differ from and/or be a summary of its original form and its presentation does not constitute a substitute or a source of reliance in the place of the original report released to the public. In any case of discrepancy between the Content on the Site and the reports released to the public, the reports released to the public shall prevail. The Content on the Site is made available to the User in summarized form and solely for convenience and it is not a substitute for reviewing the reports formally released by NewMed Energy.
6. Every User undertakes not to use the Site and/or the Content for any purpose other than his personal use and in accordance with the Terms of Use. It is forbidden to use or copy, or allow others to use or copy the Site, the Content and/or any part thereof (including in the context of other sites, electronic publications, printed publications, etc.), for any other purpose, regardless of whether it is commercial or not commercial.
7. No apps and/or computer software or any other means that might damage and/or prevent proper use and/or restrict use and so forth (e.g., bots, crawlers, etc.) may be operated in connection with the Site. Users shall not search, scan, copy or automatically retrieve Content from the Site, and Users are not permitted to create a collection and/or database that contains the Site Contents or part thereof. Content from the Site may not be displayed or published, including by means of any software, device, tool or communication protocol that alters the design of the Site or may disrupt the display of any Content on the Site, including Commercial Content.

Intellectual Property

1. The Site and the Content contained therein are protected by intellectual property law, including copyright law, and/or other laws. Users shall not engage in any copying, reverse engineering process, publication, distribution, broadcast, display, performance, duplication, licensing, creation of derivative works or sale of any part of the Site and/or the Site Contents and shall not make any other change therein without NewMed Energy’s prior written approval.
2. All intellectual property rights of whatever type (be they registered rights or unregistered rights) to the Site and to the Content, including the domain name, patents, trademarks, tradenames, designs, copyrights, trade secrets, methods, manner of display and design of the Site, texts, software, images, music, videos, graphics and sounds, as well as any matter or detail relating to the Site, are exclusively owned by NewMed Energy or by a third party that has granted NewMed Energy the license and/or the intellectual property rights to use such Contents.

Third-Party Content

The Site may present ads, articles, data, information, services, products and/or Contents of third parties, either by referring Users to third-party sites and/or by displaying these on the Site (“Third-Party Content”). Without derogating from the foregoing, when you use Third-Party Content you are subject to the documents of such third party (such as rules, terms of use and/or privacy policies, etc.).It is clarified that any Third-Party Content such as opinions, statements of position, advice, statements, offers, data, information, services, products and/or other Content is the property of and owned by the relevant third parties rather than NewMed Energy. The existence of Third-Party Content does not indicate that NewMed Energy agrees to and/or is responsible for such Content nor serves as a guarantee that the Content is reliable, accurate, up to date or lawful. NewMed Energy is not responsible for the documents and policies of third parties that provide the Third-Party Content and/or for use thereof, and every User is advised to carefully read the documents pertaining to Third-Party Content and/or to its use, prior to any use.

Liability and Indemnification

1. The Site, the Site Contents and Third-Party Content are provided on an “as is” basis. NewMed Energy makes no warranty that the Content appearing on the Site will be complete and accurate, and the Content may include certain errors (technical or otherwise). NewMed Energy disclaims any representation and/or warranty (either express or implied) and it shall bear no liability in relation to the Site and/or the Content contained therein, including their completeness, correctness, lawfulness, accuracy and fitness for a particular purpose, and, inter alia, for the Site and/or Content meeting the User’s expectations or requirements. The User is responsible for and shall bear any consequences and/or damage that may be caused to him and/or to any third party due to the aforesaid use.
2. NewMed Energy reserves the right, at its sole discretion, at any time and from time to time, to alter the Site, the Content, the information, the products and the services available thereon, including by adding, removing, terminating or restricting the same, changing the structure of the Site, the scope and availability of the Content, the information, the products and/or the services available thereon and any other aspect pertaining thereto, without any prior notice. It is clarified that the User shall have no claim, demand and/or right against NewMed Energy in relation to the foregoing.
3. All images, features, models, designs, visual objects or colors of the Content and the Site are intended for illustration purposes only and may not be relied upon, unless otherwise expressly specified in proximity thereto.
4. The User undertakes to indemnify each one of the NewMed Energy Parties for any claim, demand, damage, loss, loss of profit, payment or expense they incur, including attorney fees and legal expenses, arising out of breach of the Terms of Use.

Privacy

1. NewMed Energy respects your privacy. In the context of the services, personal information about the User will be collected, i.e., information that identifies or may enable the identification of the User. Personal information is collected when the User provides it to NewMed Energy when making contact therewith, as well as information collected automatically as part of the use of the website through data collection technologies as detailed below.
2. This data may include, among other things, the User’s contact details, which are used by NewMed Energy for the following purposes: contacting the User, responding to User inquiries, business management, operating the website, and protecting the rights of NewMed Energy and/or third parties.
3. We collect data that may, but does not necessarily, amount to Personal Information. Such data (“Data”) may include the contact details the User provides to us and other Data collected as specified below. Contact details are used for the following purposes
4. The User is aware that he is under no legal obligation to provide NewMed Energy with Personal Information and/or other Data, but failure to provide such Personal Information or Data may prevent NewMed Energy from providing certain services to the User.
5. The User confirms that his consent to the provision of Personal Information and/or Data is hereby given with respect to any type of information and/or Data pertaining to him (including Personal Information and/or other information).
6. Transfer of information to third parties. NewMed Energy reserves the right to transfer Personal Information and/or Data and/or use external parties for the purpose of processing the information in accordance with the aforesaid purposes. In addition, NewMed Energy may transfer Data or allow for the processing of Data by third parties under the following circumstances:
   1. In a case where disclosure of the Data and/or the information, including Personal Information, to another is required by law and/or in the context of legal proceedings and/or in the context of a report required by a competent authority and/or in case of receipt of a judicial order compelling it to provide the Data and/or the information about the User to any third party.
   2. In any dispute, claim, suit, demand or legal proceedings, if any, between the User and NewMed Energy Parties.
   3. In case of transfer of operations to another corporation in any way, in the case of a merger or in case NewMed Energy consolidates the operations of the Site with the operations of a third party, provided that such corporation or third party undertakes provisions that are similar to these Terms of Use.
7. Data collection technologies
   1. NewMed Energy may use cookies, web beacons, Flash technology, web pixels and/or other tracking technologies (“Data Collection Technologies”).
   2. In some cases, Data Collection Technologies are stored on the User’s device and/or computer and may be used, inter alia, for the purpose of detail verification, information security, display of Content to the User and/or automatic operation of certain features.
   3. In most cases, Data Collection Technologies store Data that do not directly identify the User, such as the web pages accessed by the User, browsing duration, etc.
   4. In some cases, Data Collection Technologies are installed on the browser used by the User. Modern web browsers include the ability to disable cookies and the ability to delete existing cookies. Of note, opting to disable cookies, or alternatively, deleting existing cookies, may impair the User’s experience and/or his ability to use the Site.
   5. It is noted, however, that if the User deletes/removes Data Collection Technologies or disables their storage, and/or if Flash technology is modified, that User’s browsing experience on the Site will be limited (in whole or in part).
   6. Third parties like Google Inc., which NewMed Energy uses for operation of the Site (by services such as Google Analytics), may also use Data Collection Technologies and receive Data such as device identifiers, IP addresses and Advertising IDs of the User. For additional information about the technologies and practices of Google Analytics, click the following link: http://www.google.com/policies/technologies/types. These services are deemed Third-Party Content.
8. NewMed Energy Data. NewMed Energy may collect aggregative Data, statistical Data and other Data that derive from the User’s information and additional Data that it holds (“NewMed Energy Data”). NewMed Energy Data are owned by NewMed Energy, and you waive any claim and/or right (including the right to any consideration) in relation thereto.
9. By providing information to NewMed Energy (for example, when providing contact details on the Site under the Sign-Up for Updates or Contact Us tabs), the User gives his consent to the receipt of Content that NewMed Energy or third parties believe may interest him. Such Content may include (among other things) ads, newsletters, surveys and other advertising messages from NewMed Energy or from third parties. Such Content may be available through various types of media, including emails, MMS, SMS, push notifications and other means. Such Contents (which may include “advertising materials” as defined in the Communications Law (Telecommunications and Broadcasting), 5742-1982) may be available to the User on the Site or off the Site (e.g., on Facebook or other sites and platforms), by means of direct mailing methods (as defined in the Privacy Protection Law or other targeting methods.

   The User may request to be removed from NewMed Energy’s mailing lists at any time by making contact according to the contact details at the bottom of this document.

10. Submission of résumés and recruitment processes. When applying for a position at NewMed Energy, Users will be asked to provide details about themselves, including their full name, e-mail address, mobile phone number, information regarding education and work experience, professional skills, and additional information included in the résumé or other documents attached by them as part of the application. Without derogating from the provisions of this Privacy Policy, NewMed Energy may retain these details in order to contact the User in the future regarding other positions that may be relevant to their professional skills and experience. If the User does not wish for NewMed Energy to contact them regarding other positions, they may so request at any time by making contact according to the contact details at the bottom of this document.
11. Information security. NewMed Energy takes precautions that it considers as generally accepted and makes use of security technologies that it considers to be advanced, but it is unable to completely prevent disruptions of the Site or information leaks.
12. Transfer of information outside of Israel. NewMed Energy may transfer Personal Information and/or Data outside of Israel and/or to the European Union, including to jurisdictions where privacy and information security laws are not as comprehensive as the laws prevailing in Israel and in the European Union. In such a case, NewMed Energy shall endeavor for the level of protection of the User’s information and/or Data to be identical to that of the original jurisdiction. The User hereby agrees to such transfer.
13. Right to inspect and request the correction of Personal Information. Under certain circumstances, the User may have the right to inspect Personal Information that is collected about him under Section 13 of the Privacy Protection Law, and he may also have the right to request the correction or deletion of information collected about him if he finds it to be incorrect, incomplete, unclear or outdated in accordance with Section 14 of the said law. For additional information, we may be contacted according to the contact details provided below.

Indemnification

Every User undertakes to indemnify and compensate each one of the NewMed Parties immediately upon first request for any claim, damage, loss, loss of profit, payment, liability and expenses that any of them may incur (including reputational damage, economic and/or commercial damage and legal expenses), which arise, directly and/or indirectly, from breach of the Terms of Use by the User and/or from any act and/or omission by the User in relation to the foregoing (including third-party claims, which also include other Users’ claims).

Governing Law and Jurisdiction

The Terms of Use, use of the Site, the Content and/or any claim and/or demand and/or complaint deriving from and/or pertaining to and/or arising out of such use, directly or indirectly, shall be governed exclusively by Israeli law, without regard to conflict of laws principles. Exclusive jurisdiction over any matter pertaining to and/or deriving from the foregoing shall be vested in the competent courts in Tel Aviv-Jaffa.

Miscellaneous

1. These Terms of Use constitute the entire agreement between the User and NewMed Energy in connection with the use of the Site and supersede any other oral and/or written understanding and/or agreement in relation thereto.
2. If any of the Terms of Use is held to be unlawful, void or unenforceable for whatever reason, such term shall be deemed severable and omitted from the Terms of Use, and it shall not affect the lawfulness, validity and enforceability of the other terms. To the extent possible, a lawful and enforceable term reflecting the parties’ original intent shall be deemed to substitute such term.
3. No delay, waiver, extension or refrainment by NewMed Energy in the exercise of its rights and/or in a demand to comply with these Terms of Use shall constitute a precedent nor be deemed as a waiver and/or consent by NewMed Energy in relation to other rights thereof.
4. The Terms of Use neither create nor shall be construed as creating any partnership, joint venture or employment relations between the User and NewMed Energy.

Contact Us

Users are welcome to contact NewMed Energy according to the details appearing under the Contact Us tab, or according to the following details:

NewMed Energy – Limited Partnership, 19 Abba Eban Avenue, Herzliya, Israel; Tel. 09-9712424; fax 09-9712425; email: [email protected], [email protected].