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

These Terms and Conditions (the “T&Cs“) set forth the terms and conditions for the use of the www.newmedenergy.com (the “Website“). The Website is owned by NewMed Energy – Limited Partnership (“NewMed Energy“). By using or making any attempt to use the Website you (“User“) undertake to be bound by the terms of these T&Cs and Additional Terms (as defined below). Additional Terms and the T&Cs shall be collectively referred to as the “Terms of Use“.

If you do not accept any of the Terms of Use, please stop using the Website.

1. Preamble, Interpretation and Definitions
   1. The Terms of Use of the Website are worded in the masculine form solely for convenience purposes, and equally refer to women. NewMed Energy reserves the right to change the Terms of Use from time to time. Any such change shall take immediate effect in accordance with its terms (e.g., from the date of publication thereof on the Website).
   2. Definitions. In these Terms of Use the following terms shall have the meaning set forth herein:
      1. “Content” – content, data and information including content of any type whatsoever, including any verbal, visual, audio, audio-visual content, and including texts, images, sound, video, on any media and on any end-device, presently existing and/or that shall exist in the future and/or any combination thereof, including reports, articles, news, reviews, data, files, advice, analyses, recommendations, guidelines, assessments and any other 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 image, photograph, illustration, animation, diagram, form, imaging, sample, clip, audio file and musical file; any software, file, computer code, application, format, protocol, database, interface and any character, sign, symbol and icon.
      2. “Financial Content” – Content related to economic issues, including information about the capital markets, the prices of securities traded on the Tel Aviv Stock Exchange, any foreign stock exchange, stocks of Israeli corporations traded on a foreign stock exchange/s, data pertaining to public entities and/or entities traded on any stock exchange, information concerning the foreign exchange market and other news of economic nature.
      3. “Commercial Content” – Content provided for publication on behalf of various third parties and advertisers, including Users, for the purposes of marketing and sale of assets and/or services, including announcements, advertisements, banners, etc.
      4. “Deep Link” – a link to the Website and/or the Content thereof, other than to the homepage of the Website.
   3. Additional Terms. With respect to certain products and/or services, current or future, additional and/or other terms and/or conditions may apply (“Additional Terms“). Unless provided otherwise, such Additional Terms shall apply in addition to the Terms of Use and shall not derogate therefrom.
   4. The terms of the Terms of Use are cumulative rather than alternative, and to the extent possible these terms shall not be interpreted to derogate from one another. NewMed Energy’s rights and remedies under the Terms if Use shall be cumulative and no provision in the Terms of Use shall be interpreted to limit any right or remedy NewMed Energy may have under applicable law or under other provisions of the Terms of Use. 
   5. Minors. The Website is not designated to address any minors. Each User represents and warrants that he/she is at least 18 years of age. NewMed Energy is unable to monitor each User’s age. NewMed Energy reserves the right at any time to require from any User proof of his/her age. To the extent NewMed Energy is informed that any User is under the age of 18, NewMed Energy reserves (among others) the right to stop using the Website, any of the Content, the products and/or the services available therein.
2. Right of Use of the Website
   1. The Terms of Use apply to the Website, any part thereof, and its usage, including all of its pages besides the homepage, Content, and the various products and/or services available thereon, regardless of the means by which the Website is accessed (including computers and/or other telecommunication devices, such as cellular telephones, various types of handheld computers, etc.), the media through which the Website 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 Website may contain Third Party Services for which NewMed Energy is not responsible.
   2. NewMed Energy hereby grants the User a fully revocable, non-assignable, personal right to view the Website and the Content for its own personal use. Each User represents and warrants that he/she will use the Website in good faith, in accordance with and subject to the provisions of the Terms of Use and any applicable law.
   3. The Website may not be used for commercial purposes, unless explicit prior written approval has been given by NewMed Energy and subject to the terms of such approval (if provided). The creation of any link to the Website and/or any of the Content, including any Deep Link, is strictly prohibited.
   4. NewMed Energy reserves the right to change from time to time the Website, including its appearance, scope and availability, products, services and/or Content therein.
3. Representations and Warranties of the User. Each User represents and warrants that he/she is over the age of 18, that he may use the Website and the Content according to the Terms of Use, that he/she will use the Website and the Content only according to the Terms of Use and any applicable law, and that his/her use of the Website and Content will not breach the rights of any third party or any applicable law. Each User undertakes not to make any financial decision or otherwise as a result of the Website and/or the Content, including the Financial Content, and specifically not to trade in securities, products or services of NewMed Energy and/or otherwise according thereto.
4. Use of Content
   1. Some of the Content is created/uploaded by parties other than NewMed Energy. Although certain efforts are made to monitor the Content, there may be errors in the Content. Some of the Content maybe incomplete, inaccurate or out of date. The User is solely responsible to check and verify any Content and agrees that he/she is using the Content and the Website at his/her own risk.
   2. In addition to the restrictions set forth herein, with respect to the Content (especially Financial Content) taken/originating from the Tel Aviv Stock Exchange in Israel and/or other foreign stock exchanges, User’s usage is further subject to the terms mandated by applicable rules and regulations governing such stock exchanges and the relevant securities authority. 
   3. Making Content available (especially the Financial Content and/or Commercial Content) does not constitute an endorsement, a recommendation or opinion regarding such Content and/or with respect to any transaction and financial conduct/dealing, including the purchase or sale of securities, products and/or services relating thereto. Each User represents and warrants that he/she will not use the Website and/or any of the Content for the aforesaid purposes, and waives, releases and forever discharges NewMed Energy, its employees, officers, shareholders and those acting on NewMed Energy’s behalf (the aforesaid together with NewMed Energy – “NewMed Energy Entities“), from and against any claims, demands, damages and/or liability in connection with the aforesaid. 
   4. It is clarified that the Content may be different and/or in a concise manner in comparison to its original form. Therefore, its presentation is not a substitute for reviewing NewMed Energy’s public reports. In any case of conflict between the Content and the reports published by NewMed Energy, the reports shall prevail. The Content is made available to Users for the sake of summary and convenience only and is not a substitute for reviewing reports published by NewMed Energy.
   5. Each User undertakes not to use the Website and/or the Content for any purpose other than for personal use, and to personally view the Content in the Website according to the Terms of Use, not use or copy or allow others to use, or copy, the Website, the Content and/or any portion thereof (including other websites, electronic publications, print publications, etc.), for any purpose, whether commercial or non-commercial.
   6. User undertakes not to use any application or any means, including Crawlers, Robots, etc., which may search, scan, copy or automatically retrieve content from the Website. This includes not creating and/or using such means to create a compilation, collection or repository that will contain Content from the Website. User undertakes not to frame, or otherwise display, the Website, the Content or any portion thereof.
5. Intellectual Property 
   1. The Website and the Content are protected by copyright law and/or other applicable law. User may not make any changes, reverse engineer, copy, publish, distribute, transmit, display, perform, reproduce, license, create a derivative work or sell any part of the Website and/or the Content without the express prior written consent of NewMed Energy.
   2. All intellectual property rights, of any kind (whether registered rights or unregistered rights), in and to the Website and the Content, including the domain name, patents, trademarks, designs, trade names, moral rights, trade secrets, know-how, methods, look and feel, design of the Website and/or the Content and/or relating thereto, are the sole property of NewMed Energy or the third party who has provided NewMed Energy with the license to use such Content and/or related intellectual property rights.
6. Third Party Content. The Website may display advertisements, articles, data, information, services, products and/or content of third parties, either by referring the User to third party websites and/or by displaying these on the Website (hereinafter “Third Party Content“). Without derogating from the aforesaid, the User’s use of Third Party Content is subject to documents (such as regulations, terms of use and/or privacy policy, etc.) of the applicable third party. It is clarified that all opinions, expressions of position, advice, statements, offers, data, information, services, products and/or content provided in such Third Party Content are of the applicable third party and not NewMed Energy. The existence of Third Party Content does not indicate that NewMed Energy endorses and/or is responsible for such content and/or its reliability, accuracy, or legality and/or it’s being up to date. NewMed Energy is not responsible for the documents and policies of the third parties providing the applicable Third Party Content. NewMed Energy is not responsible for the use of any Third Party Content and recommends that each User will carefully read the documents pertaining to such Third Party Content before making any use thereof.
7. Liability and Indemnification 
   1. The Website and the Content as well as Third-Party Content provided therein are provided As-Is. It is NewMed Energy’s intent that the Content appearing on the Website will be complete and accurate, however, in certain cases the Content may not be complete and accurate and in addition certain errors (technical or others) may appear in the Content. NewMed Energy disclaims any representation and/or warranty (impress or implied) in connection with the Website and/or the Content including their completeness, correctness, legality, accuracy, fitness for a particular purpose or that the Website and/or the Content will meet any of the User’s expectations or requirements. NewMed Energy shall not be liable in any way for the use of the Website and/or the Content and the User’s reliance thereon.
   2. NewMed Energy reserves the right, at its sole and absolute discretion, at any time and from time to time, to change the Website, the Content, information, products and services available therein, including by adding, removing, terminating or limiting, changing the structure of the Website, the scope and availability of the Content, information, products and/or services made available therein and any other aspect relating thereto, without any prior notice. It is clarified that the User will not have any claim, demand and/or right against NewMed Energy with respect to the aforesaid.
   3. Any and all pictures, features, models, design, visual objects or colors in the Content and the Website, are for illustration purposes only, unless otherwise specifically stated next to them and should not be relied upon.
   4. Each User undertakes to indemnify each of the NewMed Energy Entities for any claim, demand, damage, loss, loss of profit, payment or expense incurred by them, including attorney’s fees and legal expenses, resulting from a violation of the Terms of Use.
8. Privacy 
   1. We collect data which may but does not necessarily falls within the scope of “information”, as defined in the Privacy Protection Law, 5741-1981 (“Information“). Data so collected (“Data“) may include the contact details the User provides us and other Data collected as further provided below. Contact details are used for the purpose of contacting the User, answering User’s inquiries, conducting NewMed Energy’s businesses, operating the Website and protecting NewMed Energy Entities’ and/or third parties’ rights. 
   2. The User is under no legal obligation to provide NewMed Energy with any Information.
   3. Each User confirms that his/her consents hereunder with respect to any Data is hereby provided regarding any and all kinds of data (including personal data or Information) pertaining to him/her.
   4. Third Party Processors. NewMed Energy reserves the right to transfer or have third parties process Data pertaining to Users, for the aforesaid purposes. In addition NewMed Energy shall be entitled to transfer any of the Data or enable third parties’ processing thereof for the following purposes:
      1. In a case where the disclosure of the data and/or other Information is required by law and/or in legal proceedings and/or in a report required by a competent authority, and/or if NewMed Energy receives a court order instructing it to provide Data and/or other Information about a User to any third party.
      2. In any dispute, claim, lawsuit, demand or legal proceedings, if any, between the User and NewMed Energy Entities and/or any affiliates.
      3. In the event that NewMed Energy transfers its activities to another entity in any way, it will merge with another corporation or merge the activities of the Website with the activities of a third party, provided that that corporation or third party accepts similar provisions to those provided in this Section 8
   5. Data Collection Technologies 
      1. NewMed Energy may use cookies, Web Beacons, Web pixels, Flash and/or other tracking technologies (hereinafter – “Data Collection Technologies“).
      2. In certain cases the Data Collection Technologies are stored on the User’s device and/or computer and may be used, inter alia, for the purpose of verifying details, data security, the content displayed to the User, and/or automatically activating certain features.
      3. In most cases, Data Collection Technologies store data that does not directly identify the User, such as the web pages visited by the User, the duration of his/her use, etc.
      4. In some cases the Data Collection Technologies are installed in the browser used by the User. Modern web browsers include the option to avoid accepting “cookies” and the option to delete existing “cookies”. It should be noted that choosing not to allow the acceptance of “cookies” or alternatively the deletion of existing “cookies”, may impair the User’s enjoyment of and/or ability to use, the Website.
      5. However, it should be noted that if User will delete/remove the Data Collection Technologies or will not allow their storage and/or if they change the characteristics of Flash, the online experience of that User on the Website (in whole or in part) will be limited.
      6. Third parties such as Google Inc. that NewMed Energy uses to operate the Website (through services such as Google Analytics) may also use Data Collection Technologies and obtain data such as device ID, IP address and Advertising ID of the User. For more information on the technologies and practices of Google Analytics, click here. These services are considered Third Party Content.
   6. NewMed Energy Data. NewMed Energy may collect aggregate data, statistics and other data derived from User Data and other data held by it (“NewMed Energy Data“). NewMed Energy Data is owned by NewMed Energy and each User waives any claim and/or right (including the right to any consideration) in connection therein.
   7. By providing NewMed Energy with Information (such as when inserting your contact details to the “Subscribe to Updates” or “Contact Us” part of the Website) User agrees to receive content which NewMed Energy or third parties believe may be of interest to him/her. Such content may include (among others) advertisements, newsletters, surveys, and other advertising messages from NewMed Energy or third parties. Such content may be made available through various types of media including email, SMS, MMS, push notifications, and other means. Such content (which may include Advertisements as defined in the Communications Law (Telecommunications and Broadcasting), 5742-1982) may be made available to the User on the Website or outside the Website (such as on Facebook or other websites and platforms), by Direct Mailing (as defined in the Privacy Protection Law) methods or other targeting methods. User may ask to be removed from NewMed Energy mailing lists at any time by contacting NewMed Energy according to the contact details below.
   8. Transfer of Information outside Israel. NewMed Energy may transfer Data (including for removal of doubt Information) outside Israel and/or the European Union, including to jurisdictions in which the privacy and data protection laws are not as comprehensive as those provided in Israel and the European Union. In such a case NewMed Energy will endeavor to ensure a similar level of protection for User’s personal information. Each User hereby provides his/her consent to such transfer.
9. Indemnification. Each User undertakes to indemnify and hold harmless each of the NewMed Energy Entities, immediately upon their first request, for any claims, damage, loss, loss of profit, liability payment and expense incurred by any of them (including reputational damage, economic and/or commercial damage, legal expenses), arising, directly and/or indirectly, from the violation of the Terms of Use by such User and/or any act and/or omission of such User (including claims by third parties including other users).
10. Jurisdiction and Legal Venue. The Terms of Use, the use of the Website, the Content and/or any claim and/or demand and/or complaint deriving from such use and/or relating thereto or deriving therefrom directly and/or indirectly relating thereto will be governed solely by Israeli law, without giving effect to choice of law principles thereunder. The competent courts of Tel Aviv-Yafo shall have sole and exclusive jurisdiction over any and all matters relating to and/or arising to the aforesaid.
11. Miscellaneous 
    1. These Terms of Use constitute the complete and entire agreement between the User and NewMed Energy regarding the use of the Website and replace any other understanding and/or consent, oral or written, regarding the use of the Website and its content.
    2. In the event any one or more of the provisions of Terms of Use is for any reason held to be invalid, illegal or unenforceable, in whole or in part or in any respect, or in the event that any one or more of the provisions of the Terms of Use operate or would prospectively operate to invalidate the Terms of Use, then in any such event, such provision(s) only will be deemed null and void and will not affect any other provision of this instrument and the remaining provisions of the Terms of Use will remain operative and in full force and effect and will not be affected, prejudiced, or disturbed thereby.
    3. Any delay, waiver, extension, delay or avoidance by NewMed Energy in exercising its rights and/or demanding compliance with these Terms of Use and/or agreement to deviate from the Terms of Use will not constitute a precedent, will not be considered a waiver and/or consent by NewMed Energy.
    4. The Terms of Use do not create and will not be construed as creating any partnership, joint venture, employer-employee relationship, agent or agent between the User and NewMed Energy.
12. Contact. Every User is welcomed to contact NewMed Energy according to the details in the “Contact Us” tab, or according to the details below:

NewMed Energy – Limited Partnership, 19 Abba Eban Blvd. Herzelia, Israel, Tel: +972 (0)9 9712424, Fax: +972 (0)9 9712425, E-mail: [email protected], [email protected].